When an accident benefits insurer receives an Application for Accident Benefits (OCF-1), their first thought should be whether they are the proper insurer to handle the claim (i.e., whether the Ontario priority scheme might make another insurer the proper benefits...
At the age of 17, the claimant was an occupant of a vehicle insured by Certas that was involved in a single vehicle collision. Her application for accident benefits triggered a priority dispute over whether she was principally financially dependent on either one of...
The Ontario Court of Appeal affirmed that an incident can be both an “accident” and not an “accident” under the SABS at the same time—a legal paradox worthy of Schrödinger’s cat! Schrödinger’s cat is a thought experiment used to demonstrate the quantum physics...
Unlock a new power with the Court – the Superior Court in Royal and SunAlliance Insurance v. Ontario Provincial Police agreed to order productions from non-parties in the context of a priority arbitration. The Facts Royal and Sun Alliance Insurance (“RSA”)...
How Previously Married Claimants are Treated in the Context of Priority Disputes – the First of our Three-Part Series Dealing with the Definition of “Spouse” in the Insurance Act. The question of which insurer has priority of, or is liable to pay, an accident benefits...
This priority dispute/coverage case has an unusual set of facts. The claimant was involved in a single vehicle accident in Nunavut while working in Nunavut. The vehicle she was driving at the time was owned and insured in Nunavut. However, the claimant was from...
