Tuffnail et al v Meekes et al

Lerners Appellant Advocacy lawyers represent State Farm, as underinsurance provider, in this group of appeals arising out of a trial of a motor vehicle accident claim (2017 ONSC 4610; 2019 ONSC 525). On behalf of State Farm, Lerners is advancing an appeal regarding the correct interpretation of the OPCF 44R Family Protection Coverage Endorsement as well as the correct approach to the exercise of judicial discretion under section 130 of the Courts of Justice Act to deviate from the statutory rate of prejudgement interest on non‑pecuniary general damages in a motor vehicle accident case. State Farm is also responding to appeals on a number of other issues, including the correct interpretation of section 278(2) of the Insurance Act, section 1 of the Negligence Act, and the proper approach to an amendment of a third party defence to plead a limitation defence following the completion of trial.