Automobile Claims – Rogers Partners LLP

Driving With An Expired Driver’s Licence: You May Still Be Covered

rpllpadmin — Wed, 24 Sep 2025 23:02:16 +0000

By Farid Mahdi In Ontario, if a driver is involved in a car accident while driving without a valid driver’s licence, the driver may be denied insurance coverage making them personally responsible for any damages and injuries to others involved. In Urban Lennox Gibbs v. Security National Insurance Company et al.,[1] the court was faced with […]

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Pipped by the PLUP – The Importance of Considering Ontario’s Automobile Insurance Scheme in Insurance Priority Disputes

rpllpadmin — Wed, 17 Sep 2025 22:23:39 +0000

By Cameron Allan OVERVIEW In its recent decision in Rodriguez-Vergara v. Lamoureux, 2025 ONCA 620, the Ontario Court of Appeal clarified the priority of coverage between the OPCF 44R Family Protection endorsement and a personal umbrella liability policy (PLUP). Ultimately, the Court found that automobile insurance policies, including the OPCF 44R endorsement, will take priority […]

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Implied Consent: Vicarious Liability of Vehicle Owners by Virtue of Legislation

rpllpadmin — Wed, 04 Jun 2025 22:56:07 +0000

By Farid Mahdi Automobile insurance is compulsory in Ontario.[1] The purpose of this legislation is to protect innocent victims of automobile accidents “from having no means of seeking damages from persons who might have caused those damages without having the protection of automobile insurance.”[2] Fault for the negligent operation of a motor vehicle in Ontario […]

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When the Private Insurance Exception Does Not Apply

rpllpadmin — Wed, 06 Dec 2023 15:33:21 +0000

By Kathryn Orydzuk The Ontario Superior Court of Justice recently interpreted and applied the provisions of the Insurance Act intended to address double recovery and the private insurance exception in McCurdy, et al. v Maille, et. al., 2023 ONSC 6857. In the reasons on this post-trial motion regarding collateral benefits, Justice Nicholson ruled that the […]

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Threshold Motion: The Impact of Loss of Income Awards

rpllpadmin — Wed, 16 Aug 2023 10:16:00 +0000

By Katrina Taibi Overview: The Court in Ramcharran v. State Farm Mutual Automobile Insurance,[1] heard a threshold motion and concluded that the plaintiff’s injuries met the statutory threshold under the Insurance Act, as well as the additional requirement for unidentified and underinsured motorist coverage. Background Facts: On February 12, 2010, the plaintiff, Norman Ramcharran, was […]

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2023 Deductible Amounts in MVA Claims

rpllpadmin — Tue, 03 Jan 2023 14:51:57 +0000

The Financial Services Regulatory Authority of Ontario has released the updated deductible amounts in motor vehicle accident claims. In 2023, the deductible for damages for non-pecuniary loss is $44,367.24 where such damages do not exceed $147,889.59. The deductible for damages under section 61(2)(e) of the Family Law Act (loss of guidance, care and companionship) is […]

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Non-Earner Benefits Not Deductible from Loss of Income

rpllpadmin — Tue, 01 Nov 2022 06:00:00 +0000

The decision of Kolapully v. TTC et al., 2022 ONSC 6024, involved an accident between a pedestrian and a bus. At trial, the plaintiff was awarded $150,000 for past loss of income (after accounting for contributory negligence). The plaintiff had previously received over $95,000 in non-earner benefits in an accident benefits claim. The defendants argued that […]

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Fridays With Rogers Partners

rpllpadmin — Sat, 16 Jul 2022 11:10:00 +0000

At our weekly meeting, Michael Kryworuk discussed the court’s decision in Aditi v. Doe, 2022 ONSC 4049. Michael has written the following summary of the decision. History of the Litigation This case involved a dispute between a motorist and her insurer. The plaintiff, Ms. Aditi, was insured by Intact. The automobile policy provided $200,000 in […]

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“Dependent Relative” Under the OPCF 44R: Where Does the Plaintiff “Reside”?

rpllpadmin — Wed, 15 Jun 2022 22:00:32 +0000

By Emily Vereshchak In Chaboyer et al v. Gill et al, 2022 ONSC 3452, the Court analyzed the details of the plaintiff’s living circumstances to determine whether she could be classified as an “eligible claimant” and make a claim pursuant to an OPCF 44R Family Protection Endorsement in an insurance policy held by her mother. […]

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Court of Appeal Upholds Decision on Vicarious Liability of Employer

rpllpadmin — Tue, 08 Feb 2022 17:07:54 +0000

In Dagenais v. Pellerin, 2022 ONCA 76, the Court of Appeal rejected an employer’s argument that it was not vicariously liable for a motor vehicle accident. The employee was a cement finisher who had been instructed by his supervisor to travel to a job site two hours away. While traveling to the job site, the employee […]

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