FSCO Un-Dewing What FSCO has Done
Insurers involved in FSCO proceedings should be aware that despite binding authorities instructing otherwise, FSCO Arbitrator Wilson has once again ordered an insurer to disclose “forthwith” whether or not it has any surveillance in its possession. And if it does...
Court of Appeal Skunks Late Property Loss Claims
The Court of Appeal has allowed an insurer’s appeal asserting the one-year limitation period in an all-risk property policy. The decision highlights how important it is for insurance contracts – and especially limitation period provisions in them – to have...
Road Work Ahead: the Budget’s affect on the SABS
Spring has sprung in Ontario and with it yesterday we received the first budget of our new Premier Kathleen Wynne. As the leader of a minority government, Premier Wynne faced pressures from the NDP to include certain things in the...
Will the Real Lessee Please Stand Up?
The Superior Court has released a decision dealing with the priority pecking order under section 277 of the Insurance Act. That section determines the order in which third party liability insurers have to respond to tort claims arising from a...
What is a “Self-propelled Implement of Husbandry”?
There is a new Superior Court decision answering the question of whether a particular uninsured all-terrain vehicle was required to be insured at the time of a motor vehicle accident. Although much of the decision is based on the facts...
Arbitrator Romances the Minor Injury Guideline with the Language of Love: MIG Seduced, Insurers Jilted
Author: Caroline Meyer The first Minor Injury Guideline (Guideline) decision has arrived. Pull out your French-English dictionary, as Arbitrator Wilson applies the language of love to determining Scarlett v. Belair, FSCO A12-00107, dated March 26, 2013. In this case, the...
Man sues insurer over stolen weed
A Superior Court judge has ruled that marijuana plants are, indeed, plants. In Stewart v. TD Insurance, the plaintiffs insured the contents of their residence under a policy with the defendant insurer. Stewart was licensed to possess and cultivate marijuana...
Living in the same residence is not necessary to be “residing with”
In a recent preliminary issue hearing for Rampersaud and TD General Insurance Company (FSCO A11-002773, February 19, 2013), FSCO’s Arbitrator John Wilson was asked to determine whether an adult daughter was entitled to receive caregiver benefits for care provided to...
Defining “occupier” – liability and control over land
Pursuant to section 3 of Ontario’s Occupier’s Liability Act, liability may arise from a failure of an occupier “to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property...
To Defend, or Not to Defend, That is the Question ….
Vishal Malaviya (“VN”) was covered under Ontario’s Statutory AutomobilePolicy (the “SAP”) for motor vehicle insurance through Jevco Insurance Company (“Jevco”), having opted for the minimum liability limit of $200,000, and having been sued for an amount in excess of same...
