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 […]
Category: Results Mediators
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 […]
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 […]
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.