To book an arbitration with Vance Cooper, please contact Sandra Halkidis directly. She can be reached by e-mail at: sandra@coopermediation.ca, or by telephone at: (647) 777-4031.

ARBITRATION DECISIONS

 

BelairDirect v. Dominion of Canada [ Reasoning Upheld on appeal by Akbarali J., 2017 ONSC 367; upheld on appeal to the Court of Appeal for Ontario, 2018 ONCA 101]

Priority dispute – Person specified in the policy as a driver of the insured automobile – Listed driver – Excluded driver endorsement

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Northbridge v. RBC Insurance

Upheld on appeal by Pollak  J., 20157 ONSC 3580 (CanLII)

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Gore Mutual v Wawanesa

SABS, Section 3(7)(f) – Other Entity – Regular Use

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Jevco v. Wawanesa

Priority dispute – Spouse of the named insured – Individuals legally married but separated for 17 years – Individuals are still spouses as they were never divorced

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Primmum v. Allstate 

Loss transfer – Consideration of bars to recovery – Limitations Act, 2002,section 4 – Doctrine of laches – Either preventing recovery in favour of the applicant – Interest implicitly paid by the applicant to the claimant not recoverable

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State Farm v. Farmers’ Mutual [upheld on appeal by Chiappetta J., 2013 ONSC 2269 (CanLII)]

Loss transfer – Application of the Fault Determination Rules – Rule  7 [3] – Application of the ordinary rules of law in the alternative – 65/35 recovery in favour of the applicant 

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Echelon v. Intact

Priority dispute – Dependency – Financial support

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Security National v. Wawanesa

Priority dispute – Matter settled after the commencement of the arbitration and following multiple pre-arbitration teleconferences – Determination that costs were payable in favour of the applicant – Determination of the quantum of costs

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Economical v. Ace INA

Priority dispute – Claimant’s bodily injury / tort claim ultimately lost by reason of WSIAT determination – Did the applicant’s failure or refusal to launch an application to WSIAT in a timely fashion or at all render its payment of statutory accident benefits the unreasonable and, therefore, not subject to indemnification 

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Aviva v. York Fire

Priority dispute – Did the applicant give written notice within 90 days of receipt of a completed application for accident benefits – Applicant failed to meet burden of proof

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Security National v. The Personal / Certas

Priority dispute – Arbitration within an arbitration – Determination as to whether the parties to an arbitration pending before Arbitrator Bialkowski came to a settlement – Onus on the party alleging settlement to prove that there was a clear eating of the minds – Each party’s position being equally plausible – Failure to meet the onus

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Allstate v. ING and Aviva [upheld on appeal by F. Myers J., 2015 ONSC 4020 (CanLII); leave to appeal to the Ontario Court of Appeal denied on November 30, 2015]

Priority dispute – Dependency – Financial support – Applicant was 20 years of age at the time of the accident and living with her family – Determination of her earnings and income earning potential – Determination of her needs by application of LICO [low income cut off] statistics- Finding that the applicant was principally dependent for financial support

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Intact v. Wawanesa

Priority dispute – Policy cancelled one month in advance of the accident – Credibility finding such that insured not believed to have posted payment prior to the termination date – Payment made by uncertified cheque, contrary to the terms of the termination letter

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Intact v. Old Republic [upheld on appeal by R. F. Goldstein J., 2016 ONSC 3110 (CanLII)]

Priority dispute – Regular use – Vehicle available to the claimant at the time of the accident

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Northbridge v. RBC Insurance

Priority dispute – Dependency – Care – Elderly claimant residing in a retirement home for 7 years prior to the accident – Claimant not principally dependent for care on her adult daughter

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Wawanesa v. State Farm

Priority dispute – Matter settled after the commencement of the arbitration and following one pre-arbitration teleconference – Determination that costs were payable in favour of the applicant – Determination of the quantum of costs

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