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...
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...
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...
Further to my recent article on the Workman decision, where the Ontario Superior Court of Justice examined an insured’s ability to recover revenue relating to the pandemic, the Ontario Court of Appeal in SIR Corp. confirmed the same stance; business interruption...
