Does Ontario’s priority dispute scheme apply to an Ontario licensed insurer who issued a policy in Alberta — when their insured is involved in an accident in Ontario?
Daniel Strigberger
BCCA finds Coverage: Weed Exclusion Is Half-Baked
Does a marijuana cultivation exclusion in a homeowner’s policy exclude fire losses to the premises where the plants are growing?
Beware of Dog… Liability: How Ontario Law Redefines Ownership
What does it mean to be an “owner” of a dog under Ontario’s Dog Owners' Liability Act? This case provides a cautionary tale for those who care for animals professionally. Mama always had a way of explaining things so I could understand them In Nigro v. Luciano, the...
Why Foreign Insurers Must Comply with Ontario’s Priority Dispute Scheme
Sometimes people who are not residents of Ontario decide that they want to visit Ontario. In many cases, these visitors have their own auto insurance policies in their home jurisdiction, and many times their insurers do not conduct business in Ontario. Unfortunately,...
Claimant’s assault was not an automobile “accident”
The LAT has issued an accident benefits coverage decision, finding a claimant who was assaulted in his vehicle was not involved in an “accident” under the Statutory Accident Benefits Schedule. Overview of assault and claim In Addison v Intact, the claimant had just...
Court: Coffee Car Coverage Case Confirmed
The Ontario Divisional Court has allowed an appeal in an accident benefits coverage case, confirming that a claimant who was injured from spilled coffee in a McDonald’s drive-through was involved in an automobile “accident”. In Miceli v. TD Insurance, the claimant was...
Loss Transfer: New Fone Who Dis?
Ontario’s auto insurance system is complex, aiming for fairness in compensating accident victims. A key part of this system is the loss transfer scheme. This blog explains the scheme’s purpose, how it works, and its effects on insurers (and policyholders).
Pinned – Priority Disputes 101: Help!
It’s a Friday afternoon before a long weekend, of course, and you’ve just received a potential SABS priority dispute. A new Application for Accident Benefits arrives on your desk and the claimant alleges that she was in your insured’s vehicle at the time of the...
Priority Disputes 101: Reflection on Deflection
In our first article in the Priority Disputes Series, I provided an overview of Ontario’s accident benefit priority dispute scheme and the process necessary to pursue and dispute priority. To recap: The priority pecking order is found in subsections 268 (2) to (5.2)...
Priority Disputes 101: Notice in 90
Years ago, I had a file where my client received a priority dispute notice. It was for a catastrophic accident benefits claim involving a 26-year-old who had suffered severe brain injuries. There was little doubt that my client had priority over this claim because he...