3 total
Limitation period not triggered because insurer's termination letter was not a clear and unequivocal refusal.
The Applicant was injured in a motor vehicle accident and sought non-earner benefits.
The Insurer terminated the benefits and argued the Applicant was statute-barred from proceeding to arbitration because the two-year limitation period had expired.
The Arbitrator found that the Insurer's termination letter was confusing and did not constitute a clear and unequivocal refusal to pay benefits, as it simultaneously requested an election form and provided a right to dispute.
Therefore, the limitation period was not triggered, and the Applicant was not precluded from proceeding to arbitration.
Appeal allowed; settlement enforced as lawyer had ostensible authority to bind client despite alleged lack of instructions.
The appellants appealed an interlocutory order dismissing their motion for summary judgment to enforce a settlement.
The plaintiff's former lawyer had accepted a $12,500 settlement offer from the TTC, but the plaintiff later claimed she did not give instructions to settle and sued her lawyer.
The motion judge found no settlement existed and refused to enforce it.
The Divisional Court allowed the appeal, holding that the lawyer had ostensible authority to bind his client, the acceptance was clear and unambiguous, and there was no basis for the TTC to know of any lack of instructions.
The settlement was enforced.
Human rights application dismissed as abandoned after applicant failed to attend teleconference hearing.
The applicant filed a human rights application alleging discrimination and reprisal in housing.
The Tribunal scheduled a teleconference hearing to determine whether the application should be dismissed under section 45.1 of the Human Rights Code because the Landlord and Tenant Board had already dealt with the substance of the matter.
The applicant failed to comply with a previous Tribunal order to provide correspondence to the respondents and failed to attend the teleconference hearing.
The Tribunal dismissed the application as abandoned.
