At the end of the day after some interesting analysis of the test for civil fraud, the test for fresh evidence, s.184(2) of the Insurance Act, and the various standards of appeal, the Court of Appeal held that the Application Judge did not err when she found that the Insured did not meet the intent […]
Author: Avril Hasselfield
Soave v. Stahle Construction Inc., 2023 ONCA 265 (CanLII)
Stahle appealed the January 13, 2022 decision of Madame Justice Walters The Appeal was heard on February 14, 2023. The appeal was allowed, and a new trial was ordered for the Superior Court to reconsider if Soave qualified for LTD benefits. Facts: The Issues at Trial were as follows: The Ontario Court of appealed found […]
What is a Reasonable Amount of Exercise in a Disability Claim? Dhanda v. Thind, 2022 BCSC 1003
When a claim for disability is made, the claimant opens themselves up to scrutiny of how they are living their life, what medical care they receive and how they function in their work and personal life. “Activities of daily living” are used to describe day to day functions that everyone needs to perform for basic […]
Relief from Forfeiture in LTD – Smith v. Sun Life and Wiles v. Sun Life
Smith v. Sun Life 2021 ONSC 7109 (CanLII) The Ontario Court granted the Plaintiff relief from forfeiture for failing to submit a formal Long Term Disability (LTD) application and dismissed Sun Life’s motion for summary judgment to dismiss the Plaintiff’s claim. Key Facts and timing in Smith The Plaintiff was approved for Short Term […]
Are mediations always confidential?
Union Carbide Canada Inc. v. Bombardier The Supreme Court of Canada found that a confidentiality clause in a private mediation can override the exception to the common law settlement privilege that enables parties to produce evidence of confidential communications in order to prove the existence or the scope of a settlement. The court explained […]
Presumption of In-Person Attendances Start April 19, 2022
Just when we thought the Ontario courts were embracing on-line appearances they have released guidelines setting out presumptive methods of attendance for events in Superior Court of Justice proceedings. The guidelines that take effect on April 19th set out the Court’s expectations for the following proceedings: Case conferences, pre-trials, trials, motions, examinations for discovery, mandatory […]
Welcome to Results Mediators
Susan and Avril together bring over 35 years of litigation and mediation experience on both the Plaintiff and Defendant side of disputes.