December 20, 2023
By Riley Groskopf The Ontario Court of Appeal recently released its decision in BelairDirect Insurance Company v. Continental Casualty Company, 2023 ONCA 834. The decision addresses priority of coverage for motor vehicle accidents outside of the statutory accident benefits context, and issues of mistake. Context A vehicle leasing corporation called WTH leased a motor vehicle […]
July 06, 2021
Alon Barda was recently successful in a priority dispute arbitration. The decision in Aviva v. State Farm, Commonwell, and Chubb was rendered by Arbitrator Bialkowski. The decision addresses a number of issues, including whether the claimant was an “occupant” of her mother’s vehicle, whether the claimant was financially dependent on her mother and her mother’s spouse, […]
October 05, 2020
Matthew Umbrio was recently featured in a two-part series in The Lawyer’s Daily on the extra-provincial application of Ontario’s priority dispute scheme: Part 1 Part 2
June 24, 2020
By Matthew Umbrio The Ontario Court of Appeal has recently released Travelers Insurance Company of Canada v. CAA Insurance Company, 2020 ONCA 382[i], which addresses the extra-provincial application of the Ontario Insurance Act in the priority dispute context. The decision was written by Justice Lauwers, who was joined by Justice Paciocco and Justice Fairburn. Overview The […]
March 10, 2020
By Micah Pirk O’Connell, Student-at-Law The case of The Economical Insurance Group v. Desjardins Insurance, 2020 ONSC 1363, concerned a priority dispute between Economical and Desjardins regarding an elderly couple who suffered catastrophic injuries as pedestrians when they were hit by a motor vehicle. Economical sought to set aside the decision of an arbitrator who […]
February 25, 2020
The court’s decision in Allstate Insurance Company v. Her Majesty the Queen, 2020 ONSC 830, shows that automobile insurers must comply with statutory requirements when cancelling policies, or else there can be costly consequences. In May 2014, Allstate sent the claimant a notice by registered mail that his policy would be cancelled on June 14, […]
