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 […]
Rolling Limitation Periods and Periodic Payments: Karkhanechi v. Connor, Clark & Lunn Financial Group Ltd., 2022 ONCA 518
In Karkhanechi v. Connor, Clark & Lunn Financial Group Ltd., 2022 ONCA 518, the Ontario Court of Appeal reviewed the concept of rolling limitation periods and held that rolling limitation periods do not apply to periodic payments when an employee is aware of a potential breach from the beginning and there is no “fresh cause […]
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 […]
Peres v Moneta Porcupine Mines Inc.
The Importance of Signed Minutes of Settlement We have all been in lengthy mediations that carry on well past 5pm. At the end of the day when a settlement number is agreed on, the parties may decide to finalize the settlement after the mediation, the next day, or even later. This may not be wise, […]
How diverse is your list of Mediators?
The OBA’s Working Group on Neutral Diversity recently released a report examining diversity in alternative dispute resolution settings and proposing recommendations about how it can be improved in Ontario. The report revealed that arbitrators and mediators hired in Ontario do not reflect the gender or racial diversity of the demographics of the province or the legal […]
Why choose Results Mediators?
WE ARE EXPERIENCED We are lawyers first and together have almost 40 years of litigation and mediation experience representing both Plaintiffs and Defendants. We understand insurance, specifically Disability (STD/LTD); Life and Health; AB; and Employment matters. WE ARE EMPATHETIC We care and understand that there is a lot on the line for each of the parties to […]
Tips for a Successful Mediation
In order to assert your position at mediation your Mediation Brief should clearly set out the issues in dispute, the pertinent facts of the case, along with any key evidentiary documents or expert opinions. Without supporting documents or evidence, issues can be difficult to resolve, leaving the parties frustrated at the mediation. In addition to exchanging documents, it is essential that the person […]
Booking Mediations as of October 1, 2021
We are very pleased and excited to announce that Avril Hasselfield and Susan Rai have formed Results Mediators to provide you with professional mediation services! We both started our legal careers in private practice with a focus on representing Plaintiffs and then moved in-house into the Insurance and Financial Services industry representing all lines of business with their litigation. Together we have over 35 […]