In SABS Priority Disputes 101: Help!, and SABS Priority Disputes 101: Reflection on Deflection, I discussed that the purpose of Ontario's priority dispute scheme is to ensure an injured claimant receives timely benefits despite any priority disputes between insurers....
Daniel Strigberger
Priority Disputes 101: Private Arbitration and The Final Frontier
This is the last installment in our SABS Priority Disputes 101 series. I encourage you to read the entire series here: SABS Priority Disputes 101: Help! SABS Priority Disputes 101: Reflection on Deflection SABS Priority Disputes 101: Notice in 90 Priority Disputes...
Hickory Dickory Dock, COVID-19 Stopped Our Clock
This article was previously posted on March 31, 2020 when the Ontario legislature froze all limitation periods in Ontario. The issue of whether it applied to the 90-day notice requirement in section 3 of OReg 283/95 remains unresolved in a small handful of priority...
Insured’s Coverage Claim Knocked Out
This article was previously posted in June 2020 The Ontario Court of Appeal has overturned a lower decision that found an insurer owed a duty to defend an insured in a sexual assault claim, under a commercial general liability policy. The Claim In Southside Muay Thai...
SCC finds nexus in Zurich v. Chubb
This article was initially posted in April 2015. The Supreme Court of Canada has reversed the Ontario Court of Appeal's decision in Zurich v. Chubb. The claimant was driving a Ford Windstar that she had rented from Wheels4Rent, a car rental agency. On September 23,...
Ice is Back with a Brand New Accident Benefits Coverage Decision
This article was initially posted in May 2021. Does slipping on ice next to a vehicle come within the definition of accident under Ontario's statutory accident benefits scheme? Ok Stop. Collaborate and, ummmmm .....read. The Divisional Court has weighed into the (Ice)...
ONCA: No “trial within a trial” in the duty to defend
This article was previously posted in October 2022. The Ontario Court of Appeal recently considered the traditional pleadings rule and found that the duty to defend cannot be ousted by use of premature evidence, that being evidence that would require findings to be...
Priority Insurer Has No Options
NOTE: This article was previously posted in July 2019. The decision was overturned in Continental Casualty Company v. Chubb Insurance Company of Canada, 2022 ONCA 188 (CanLII) Can the insurer, who is required to waive reliance on the priority dispute rules and pay...
ONCA Stops Rolling Limitation Period For Business Interruption
This article was previously posted in August 2019. The Ontario Court of Appeal has held that business interruption claims are not subject to a rolling limitation period. In Marvelous Mario's Inc. v. St. Paul Fire, the appellant insureds commenced two actions claiming...
No Void Ab Initio For Auto
This article was initially posted in May 2019. Can an Ontario insurer treat an automobile policy as being void ab initio and deny a claim in its entirety as a result? The Court of Appeal for Ontario says "no". Merino v. Intact involved a pedestrian who was...