Tag: Priority Disputes Extra-Provincial Application of Ontario’s Priority Scheme 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 […] Priority Dispute: Parents Not Dependants of Children 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 […] Costly Improper Cancellation of Auto Policy 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, […] Insurer Bound by Position on Priority February 10, 2020 When an automobile insurer accepts priority for a statutory accident benefits claim, it is very difficult to withdraw or resile from that position except in extreme situations, such as when there is bad faith or deliberate misrepresentation. In Pembridge Insurance Company v. The Sovereign General Insurance Company, 2019 ONSC 7291, the injured claimant submitted an application for accident […] Priority Dispute for Out-of-Province Claimant August 21, 2019 In Intact v. Gore, 2019 ONSC 4508, the court overturned a decision of an arbitrator regarding a dispute between insurers over the responsibility to pay statutory accident benefits to a claimant who was injured in an out-of-province accident. The claimant was a passenger in a single vehicle accident in Alberta. His friend owned and operated the […] Older Posts
