- UPDATE: Downer v. Personal Insurance by Michael Kennedy, MB Transportation Newsletter, May 11, 2012
- FSCO Counsel Meeting Summary: How to address the mediation backlog by Jocelyn Tatebe, Part of MB Transportation Newsletter, April 10, 2012
- "Bad faith" is not a claim governed by the insurance contract by Michael Kennedy, MB Transportation Newsletter, March 26, 2012
- Accessibility for Ontarians with Disabilities Act: How to Comply with the Customer Services Standard by Lia Preyde, Harmonie Group, March 01, 2012
- Case Study - Kusnierz v. Economical - Decision from the Court of Appeal by Michael Blinick, Transportation Newsletter, January 07, 2012
- Insurance coverage for injuries caused by at-fault uninsured, inadequately insured and unidentified motorists by Jason Rabin, MB Transportation Law Seminar, November 10, 2011
- Recent commentaries on the deductibility of collateral benefits in income loss claims by Ashley Reid, MB Transportation Practice Group Seminar, November 10, 2011
- Videotaping Defence Medical Examinations: An Overview of the Case Law by Alan Drimer, Yu Mai, MB Transporation Practice Group Seminar, November 10, 2011
- A year, if a day: What insurers are talking about one year after the introduction of the "New Regs" by Tracy Brooks, MB Transportation Practice Group Seminar, November 10, 2011
- The use of no-fault reports by a tort defendant: Beasley revisited, one year later by James Tomlinson, Adrian Nicolini, MB Transportation Practice Group Seminar, November 10, 2011
- Recent Developments in Loss Transfer by Craig Edwards, Meredith Rady, MB Transportation Practice Group Seminar, November 10, 2011
- Should Psychological Injuries Be Combined With Physical Injuries To Determine Catastrophic Impairment? by Michael Blinick, MB Transportation Practice Group Seminar, November 10, 2011
- Liability of Vehicle Owners: The Ontario Superior Court of Justice's Decision in Case v. Coseco Insurance Co. by Lisa Chuyow, MB Transportation Practice Group Seminar, November 10, 2011
- Attempted car-jacking qualifies as an accident pursuant to the Statutory Accident Benefits Schedule (SABS) by Michael Kennedy, McCague Borlack Transportation Newsletter, October 23, 2011
- Reckless driver solely at fault for single-vehicle accident despite poor road construction by Michael Kennedy, McCague Borlack's Transportation Newsletter, October 23, 2011
- Repairing a vehicle is not an ordinary use to which vehicles are put by Michael Kennedy, McCague Borlack's Transportation Newsletter, October 23, 2011
- Change in circumstances permits multiple applications for determination of catastrophic impairment by Lia Preyde, September 27, 2011
- Legal determination that an at-fault motorist is underinsured is required before a plaintiff's OPCF 44R coverage is triggered by Lia Preyde, September 27, 2011
- Court holds there is no duty to defend when policy limits are exhausted by Michael Kennedy, CLC Transportation Newsletter, March 01, 2011
- Court voids claims waiver on basis of power imbalance between adjuster and plaintiff by Michael Kennedy, Published first in CLC's Transportation Newsletter, March 01, 2011
- The Use of No-Fault Reports by a Tort Defendant by Adrian Nicolini, James Tomlinson, First presented at a Transportation Law Seminar, September 23, 2010
- Self-proclaimed Self-employed Contractor Entitled to Income Replacement Benefits Calculated as an Employee by Michael Kennedy, MB Transportation Newsletter, March 01, 2010
- A Dirt Bike is Considered an Automobile by the Ontario Court of Appeal by Michelle O.P. Dunbar, MB Transportation Newsletter, February 01, 2010
- Loss transfer regime is applicable even when the accident occurred outside of Ontario, if Ontario insurers are involved , MB Transportation Newletter, February 01, 2010
- Accident benefits priority dispute between driver’s own insurer and company car’s insurer , MB Transportation Newsletter, January 01, 2010
- Before You Settle - Lockhard v. Quiroz v. C.A.A. Insurance Co. (Ontario)[1] , MB Transportation Newsletter, January 01, 2010
- The Notional Equivalent of Being “Struck” by an Automobile: Tucci v. Pugliese , MB Transportation Newsletter, January 01, 2010
- Ontario Court of Appeal Sends Strong Message about Mandatory Mediation , MB Insurance Coverage Newsletter, January 01, 2010
- General Damages which are exactly $100,000.00 are subject to the statutory deductible: Winckle v. Siodlowski , MB Transportation Newsletter, January 01, 2010
- Claimant can meet one definition of catastrophic impairment but not the other: Pastore v. Aviva by Michelle O.P. Dunbar, MB Transporation Newsletter, January 01, 2010
- Whether a psychological injury in conjunction with a physical injury can be considered catastrophic: Fourniev v. Coachman , MB Transportation Newsletter, January 01, 2010
- Escalating Damages in Canada by Van Krkachovski, Transportation Seminar, March 01, 2008
TRANSPORTATION LAW
Our law firm's Transportation Law Group has extensive experience with the broad range of legal issues that face the transportation sector in today's litigation-happy world. Our goal is to provide cost effective, results-oriented defence of motor vehicle tort claims and accident benefits disputes. We also provide complete coverage analysis and full service risk management advice.
As a leader in its field, our Transportation Law Group plays an important role in matters of significance to the insurance industry. Senior members have assisted the government to draft legislation regarding the "no fault" automobile insurance regime and the "threshold" requirement in motor vehicle claims. We have also acted for the insurance industry in a number of high-profile class actions, including the "salvage litigation" case and the "after-market parts" case.
Our services include:
1. Litigation
We regularly assist clients in the following transportation areas:
-
motor Vehicle
- long-haul trucking
- automobiles and recreational vehicles
- corporate/commercial/agricultural fleets
- rental and leasing companies
- dealerships and couriers
- personal lines
- Rail (Primary and Excess Insurance)
- Inland/Dry Marine
Our lawyers frequently act for municipalities in connection with their duty to maintain roads, and their use of vehicles and equipment such as graders, sanders, stone slingers, and snow ploughs. We also act for road repair professionals, including engineers and contractors retained by municipalities or the Province.
Many of our files involve catastrophic personal injury claims, fatalities, and significant property damage claims. The Transportation Law Group understands the importance of quick action in a catastrophic loss. To this end, we maintain a 24-hour emergency response team to attend at the scene of any catastrophic loss to secure witness statements and photographs, marshal the evidence, and arrange for immediate accident reconstruction by one of our experts.
We also assist our clients in the following matters that can arise in a transportation context:
- Environmental claims
- Warehouse claims
- Cargo claims
- Subrogation
- Coverage issues
- Excess, umbrella, and reinsurance disputes
- Breach of contract disputes
2. Risk Management
Our Transportation Law Group also provides risk management services to industry clients, including:
- drafting and interpreting insurance policies
- drafting and interpreting bills of lading, lease agreements, and other transportation contracts
- assisting and advising on claims that are in excess of insurance limits
- coordinating claims between insurer and insured where there is a significant deductible or self-insured retention