Days may be numbered for the Material Contribution Causation Test
Arbitrator John Wilson has released a decision casting doubt on the appropriateness of the prevalent use of the material contribution test for causation in accident benefit matters. In Kofi Agyapong v. Jevco Insurance Company, FSCO A11-003445, among numerous other issues,...
The AB Alphabet Soup’s New Letters – SLASTO and LAT
The Ontario Government, in their quest to reduce automobile insurance premiums, announced substantive and procedural changes to the accident benefits world that will be taking effect soon. This article deals with the procedural aspects of the changes. These changes are...
Gone but Not Forgotten – Water Ingress Claims in British Columbia
Will rainscreens and building envelope professionals prevent another “Leaky Condo Crisis”?
Refresh/Reset – Multiple $2,000.00 Deductibles Allowed in Loss Transfer Claims
A recent Superior Court decision (Economical v. Northbridge, 2016 ONSC 458) has provided the industry with a refresh/reset in applying the $2,000.00 statutory deductible in loss transfer claims. The deductible in issue is set out in section 275(3) of the...
A Race to the Finish – Insurers Line Up for Uber’s Business
In the last quarter of 2015 two insurers, Aviva Canada[i] and Wawanesa Insurance[ii], were reported to be cancelling personal auto policies for drivers who were using their personal vehicles to pick up passengers for hire. In contrast, on September 8,...
More Limitation Period Success
The Court of Appeal has once again confirmed an insurers’ right to the predictability of the two year limitation period in Bonaccorso v. Optimum Insurance Company Inc., 2016 ONCA 34. The plaintiff appealed the decision of Justice H.S. Arrell which...
Regular Use of a Truck Includes Recreational Tailgate Diving
In Roberts v. Intact Insurance Company (FSCO A14-002957), Arbitrator Musson found that Intact was responsible for the payment of accident benefits to a young woman who had injured herself while diving into a shallow lake, with a considerable amount of...
Duty to Defend the “Additional Insured”
In a recent Court of Appeal Decision of Carneiro v. Regional Municipality of Durham et al v. Zurich Insurance Company Ltd. 2015 ON CA 909, the Court of Appeal appears to have laid to rest any doubt in terms of...
Unidentified Automobile Coverage and Relief from Forfeiture in the Face of Non-Compliance with Reporting Requirements
The Court of Appeal, in the case of Dams v. TD Home and Auto Insurance Company, 2016 ONCA 4 (CanLII), has reminded us of the law with respect to unidentified automobile insurance coverage in Ontario, particularly as it pertains to...
Section 5(1) of the Fault Determination Rules Interpreted
The Court of Appeal recently released a decision in State Farm Mutual Automobile Insurance Company v. Aviva Canada Inc., 2015 ONCA 920 which interprets section 5(1) of the Fault Determination Rules. Rule 5(1) reads as follows: 5(1) If an incident...
