Claims

Supreme Court of Canada rejects award in fly-in-bottle case

The Supreme Court of Canada has upheld the Ontario Court of Appeal’s rejection of a $341,000 damage award to Waddah (Martin) Mustapha, who suffered a major depressive disorder, phobia and anxiety after finding dead flies in his unopened bottle of drinking water. A trial judge bestowed the award for the personal injury Mustapha suffered, but […]

May 31, 2008

1 min read

Health costs, discount rates increase tort awards in catastrophic injury cases

In eight years, tort awards in catastrophic cases have increased from the $6 million to $7 million range to between $10 million and $15 million, Jess Bush, partner with Blaney McMurtry LLP, told delegates at the Insurance Law: Spring Update 2008 in Toronto on May 15. Health care costs are “going through the roof,” he […]

May 31, 2008

2 min read

Court upholds future cost of care award that exceeded the highest amount sought by plaintiffs

Future care costs may be on the rise in Ontario, given the Court of Appeal’s decision to uphold a jury decision to award plaintiffs an amount more than $1 million in excess of the highest amount sought. In the 2006 Superior Court case Sandhu v. Wellington Place Apartments, Harvinder Sandhu fell from a fifth-floor apartment […]

May 31, 2008

2 min read

Message From the President (June 01, 2008)

The “Help Wanted” sign has officially been posted on the claims side of the Canadian property and casualty insurance industry. Newspapers, magazines and cocktail conversations are filled with stories relating to the fact there are not enough people coming into the professional work force in Canada to replace those who are leaving. While this talent […]

May 31, 2008

4 min read