Can an Ontario insurer treat an automobile policy as being void ab initio and deny a claim in its entirety as a result? The Court of Appeal for Ontario says “no”. Merino v. Intact involved a pedestrian who was catastrophically injured when she was struck by a car...
When a builder negligently repairs a school’s gymnasium roof, which causes rain to spill into the gym and damage the wooden floor below, does the builder’s All Risk Builder’s policy cover the damage to the floor? Pre-Eng v. Intact involved a coverage battle between...
It’s a Friday afternoon before a long weekend, of course, and you’ve just received a potential SABS priority dispute. A new Application for Accident Benefits arrives on your desk and the claimant alleges that she was in your insured’s vehicle at the time of the...
In our first article in the Priority Dispute Series, I provided an overview of Ontario’s accident benefit priority dispute scheme and the process necessary to pursue and dispute priority. To recap: The priority pecking order is found in subsections 268 (2) to (5.2) of...
During the second weekend of 2020, much of Ontario suffered from strong winds and heavy rainfall, causing havoc for motorists across the province. The last thing I wanted to do was leave my house. Especially not on an e-scooter. On January 1, 2020, the Ontario...
