Special thanks to SBA articling student Ethan Edwards for his invaluable research and assistance writing this blog. The Ontario Court of Appeal recently considered the traditional pleadings rule and found that the duty to defend cannot be ousted by use of premature...
In SABS Priority Disputes 101: Help!, and SABS Priority Disputes 101: Reflection on Deflection, I discussed that the purpose of Ontario’s priority dispute scheme is to ensure an injured claimant receives timely benefits despite any priority disputes between...
Years ago, I had a file where my client received a priority dispute notice. It was for a catastrophic accident benefits claim involving a 26-year-old who had suffered severe brain injuries. There was little doubt that my client had priority over this claim because he...
Does slipping on ice next to a vehicle come within the definition of accident under Ontario’s statutory accident benefits scheme? Ok Stop. Collaborate and, ummmmm …..read. The Divisional Court has weighed into the (Ice) Age-old debate of whether an incident was...
The Ontario Court of Appeal has overturned a lower decision that found an insurer owed a duty to defend an insured in a sexual assault claim, under a commercial general liability policy. The Claim In Southside Muay Thai Academy Corp. v. Aviva, Raul Fontalvo was the...
