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“Baffling” Defence Position Results in Significant Cost Award

It’s old news that auto insurers aggressively defend personal injury lawsuits in Ontario, but are the Courts pushing back with escalating cost awards when they lose? It might seem so based on the recent decision of St. Marthe v. O’Connor [1] (“St. Marthe”) where the Court awarded the Plaintiff $300,000 in costs plus HST and […]

Five reasons why ATE insurance is worth another look

After-the-event insurance (ATE) has been available in Canada for over ten years, and by some estimates, it hasn’t come anywhere close to realizing its potential in the Canadian market [1]. Why? Lack of awareness is one possible reason, but perhaps it also has to do with deficiencies in the “traditional” model for ATE. Talk to […]

ATE Legal Expense Premium a “Compensable Disbursement”

The battle over who pays the premium for After the Event Insurance (“ATE”) has been raging for a few years now as lawyers and judges consider how ATE fits within personal injury costs and disbursements.  In the most recent case on point, Stewart et al. v. Wood et al.[1] (“Stewart”), we see the Court clearly […]



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