The Ontario government announced last Friday that it was suspending limitation periods while the province was under a state of emergency because of COVID-19. This will have a major impact on loss transfer and priority disputes. Loss Transfer Limitation Periods...
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...
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...
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...