Ontario’s basic two-year limitation period for issuing civil claims has been suspended in response to the global pandemic and the closing of the Courts for all but the most urgent matters. An Order in Council has been made under the Emergency Management and Civil Protection Act, effective immediately. Litigation deadlines set out in the Rules of Civil Procedure have also been suspended, including the six-month window in which to serve an issued claim.The suspension of limitation periods is set to expire on June 14, 2020, unless it is renewed.  We anticipate that limitation periods will remain suspended for the duration of [...]

The Consumer Protection Act, 2002, consumers have the right to cancel a contract if the contract includes a “cooling-off” period. The Insurance Act provides similar protection for claimants under an automobile insurance policy who have reached an agreement to settle their accident benefits claims with their insurer. Section 9.1(4) of Ontario Regulation 664: Automobile Insurance under the Insurance Act, R.S.O. 1990, c. I.8 offers the following “cooling-off” period: The insured person may rescind the settlement within 2 business days after the later of the day the insured person signs the disclosure notice and the day the insured person signs the release. [...]

The Ontario Finance Minister has called on insurance companies to provide rebates and relief measures for consumers.  The Insurance Bureau of Canada recently announced that its insurance company members will be offering rebates totaling $600 million.  Aviva and La Capitale have announced discount and rebate programs to account for drivers that have either stopped driving entirely or have significantly reduced their driving. If you have seen a reduction in the amount of driving you have been doing during the Covid-19 pandemic, contact your auto insurer, as you may be able to access rebates on premiums. ________________________________________________________________ Author Hamish Mills-McEwan Juris Doctor [...]

The Ontario Ministry of Health and Long-Term Care has approved and endorsed the use of video or phone medical appointments as a measure to facilitate physical distancing during the COVID-19 pandemic.  The Ontario Hospital Association, the Ontario Medical Association and other healthcare associations are working together to develop tools to allow the connection of patients with their healthcare providers.  The Ministry of Health has endorsed virtual care as effective for screening patients, gathering patient history including travel and exposure details, assessing symptom severity and treatment options, monitoring progress and checking in on patients in isolation, treat clinically appropriate conditions that may [...]

As of January 1, 2020 there have been significant changes to the Simplified Procedure provisions under Rule 76 of the Rules of Civil Procedure. The changes expand the number and monetary jurisdiction of the cases that can proceed under the Simplified Rules, and address certain inefficiencies in the previous version of the Rules. Under the new Rules, the monetary jurisdiction is increased to $200,000, trials are capped at five days (no jury notices allowed), and costs and disbursements are capped at $50,000 and $25,000 respectively.  The expanded monetary jurisdiction will be welcomed by the plaintiffs’ bar, as the costs and risks [...]