Belair Direct v. Dominion of Canada
Priority dispute – dispute regarding quantum of reimbursement – consideration of incurred expenses
Priority dispute – Cancellation of insurance – Failure to comply with statutory condition 11 (1.3)
Priority dispute – Uninsured pedestrian struck by vehicle insured by Economical but in the possession and operation of a repair facility insured under a garage policy issued by Aviva – Both insurers on the same “rung” of the priority “ladder” – Notice from the Fund is not tantamount to Economical receiving a completed application for benefits – No explicit authority to allow the claimant to exercise an election and choose insurers – Consideration of equitable powers of an arbitrator under the unique facts of the case
MVACF v. Pembridge and Security National
Priority dispute – inadequate or improper cancellation of policies of automobile insurance – both policies were in force at the time of the accident for accident benefit purposes – claimant has the right to choose the accident benefit insurer
Priority dispute – determination of costs
Aviva Canada v. MVACF and Intact
Priority dispute – Implications, if any, in relation to the delay in obtaining a signed and approved WSIB assignment form – SABS, sections 61 (1) and (5)
Allstate Insurance v. The Co-Operators
Priority dispute – regular use – vehicle made available by an unincorporated association, partnership, sole proprietorship or other entity – SABS, s. 3 (7)
Loss transfer – Consideration and application of the Fault Determination Rules – Rules 10, 6 and 5
Loss transfer – Calculation of post 65 IRB’s
Loss transfer – Application of Rule 6 (2) – Consideration of Rule 17 (2) – Consideration of the phrase “illegally parked”
Priority dispute – Named insured
Priority dispute – Optional benefits – Insured applying to his optional benefits insurer despite the fact that he was riding a motorcycle insured by another insurer at the time of the accident – Optional benefits insurer having priority to pay both mandatory and optional benefits coverages.
Allstate v Wawanesa [Upheld on appeal by Pinto J., (2021) 153 O.R. (3d) 122]
Priority dispute – Preliminary issues – Consideration of requirement for 90 day notice and the saving provision in subsections 3(1) and 3(2) – Consideration of one year notice requirement under section 7.
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
SABS, Section 3(7)(f) – Other Entity – Regular Use
Priority dispute – Spouse of the named insured – Individuals legally married but separated for 17 years – Individuals are still spouses as they were never divorced
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
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
Priority dispute – Dependency – Financial support
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
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
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
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 meeting of the minds – Each party’s position being equally plausible – Failure to meet the onus
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
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
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
Northbridge v. RBC Insurance [ Upheld on appeal by Pollak J., 20157 ONSC 3580 (CanLII) Read More> ]
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
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