Fridays with Rogers Partners
At our weekly meeting, Kate Ferguson discussed the recent decision of the Ontario Court of Appeal in West York Sales and Leasing Inc. v. Dominion of Canada General Insurance Company (Travelers Canada), 2026 ONCA 553.
Facts and Procedural history
This is an appeal arising from an application by West York Sales and Leasing Inc. (“West York”) seeking coverage under an Ontario auto policy endorsed with the Monthly Reporting Basis Fleet Endorsement (“OPCF 21A”) from its insurer, Dominion of Canada General Insurance Company (“Dominion”).
On August 22, 2020, one of West York’s vehicles that was being leased to Platinum Car and Truck Rental (“Platinum”), was involved in an accident. This specific vehicle was not included in the initial fleet schedule for September 2019. Following the accident on September 29, 2020, Platinum listed the vehicle on its monthly fleet report.
The application judge found the vehicle was automatically covered under OPCF 21A.
Issues on Appeal
- Was coverage extended to the vehicle under OPCF 21A or was Platinum required to submit a “request for coverage”?
- If the September 29, 2020, fleet report was considered a request for coverage, could it operate retroactively to provide coverage for the August 25, 2020 accident?
Analysis
The Court held that coverage was not automatically extended under subsection (a) of the OPCF 21A. Although that provision generally covers vehicles owned or leased by the insured for more than 30 days, it is limited by subsection (c) of the endorsement. Since the vehicle had been leased before the policy took effect and was not listed in the Schedule, coverage did not attach until Platinum made a request for coverage. The Court gave effect to the wording “until a request is made,” finding that coverage could not exist before such a request.
The Court then considered whether the September 29, 2020 fleet report could constitute a request for coverage. While the report was mainly an administrative tool for premium calculation, the policy did not define “request for coverage,” so the term could be interpreted broadly.
However, the Court did not ultimately decide on this issue. They found that even if the fleet report was a request, it could not operate retroactively. OPCF 21A distinguished between retroactive premium calculation and the start of coverage. Since the accident occurred on August 25, 2020, before any communication about the vehicle, there was no coverage for the loss and Dominion had no duty to defend West York.