Who counts as a “dependant” under Ontario’s standard auto insurance policy? The answer can determine whether someone is entitled to death benefits, optional benefits, or even which insurer pays under section 268(2) of the Insurance Act.
Automobile Coverage
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...
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)...
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...
ONCA reverses Matheson: no husbandry here
The Court of Appeal for Ontario has reversed the Superior Court’s decision in Matheson v. Lewis, finding that the plaintiff farmer’s Honda ATV was an off-road vehicle that required automobile insurance at the time of the accident. In Matheson, the plaintiff farmer...
A tale of two automobiles
"I know a lot about cars, man. I can look at any car's headlights and tell you exactly which way it's coming." - Mitch Hedberg, comedian The Financial Services Commission of Ontario (FSCO) has decided that 2011 will be the "Year of the Automobile." Herein is a tale of...