Bustamante v. Guarantee Co. of North America,
| Jurisdiction | Ontario |
| Judge | Hoy, A.C.J.O., Epstein and Huscroft, JJ.A. |
| Court | Court of Appeal (Ontario) |
| Citation | 2015 ONCA 530,[2015] O.A.C. Uned. 502,[2015] O.A.C. Uned. 502 (CA) |
| Date | 13 July 2015 |
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3 practice notes
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Court Of Appeal Summaries (July 13-17, 2015)
...In sum, the trial judge was entitled to give effect to substance over form. Bustamante v. The Guarantee Company of North America, 2015 ONCA 530 [Hoy A.C.J.O., Epstein and Huscroft L. Rudder, for the appellant. Bilash and C. Theriault, for the respondent. Keywords: Endorsement, Insurance Law......
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Insurers Continue Success With Limitation Period Defences
...of Appeal granted another summary judgment motion and the claim was dismissed in the case Bustamante v. Guarantee Co. of North America, 2015 ONCA 530. In this case, the plaintiff was injured in an accident on June 3, 2004 and elected to received IRB. The plaintiff was advised that she did n......
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Limitation Period Trumps Invalid Election
...here to open the decision Footnotes 1 FSCO A13-002258, May 24, 2016 2 FSCO Appeal P03-00023, July 22, 2004 3 2005 CanLII 2551 (C.A.) 4 2015 ONCA 530 5 FSCO Appeal P14-00007, December 2, The content of this article is intended to provide a general guide to the subject matter. Specialist advi......
3 firm's commentaries
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Court Of Appeal Summaries (July 13-17, 2015)
...In sum, the trial judge was entitled to give effect to substance over form. Bustamante v. The Guarantee Company of North America, 2015 ONCA 530 [Hoy A.C.J.O., Epstein and Huscroft L. Rudder, for the appellant. Bilash and C. Theriault, for the respondent. Keywords: Endorsement, Insurance Law......
-
Insurers Continue Success With Limitation Period Defences
...of Appeal granted another summary judgment motion and the claim was dismissed in the case Bustamante v. Guarantee Co. of North America, 2015 ONCA 530. In this case, the plaintiff was injured in an accident on June 3, 2004 and elected to received IRB. The plaintiff was advised that she did n......
-
Limitation Period Trumps Invalid Election
...here to open the decision Footnotes 1 FSCO A13-002258, May 24, 2016 2 FSCO Appeal P03-00023, July 22, 2004 3 2005 CanLII 2551 (C.A.) 4 2015 ONCA 530 5 FSCO Appeal P14-00007, December 2, The content of this article is intended to provide a general guide to the subject matter. Specialist advi......