Aviva v. MVACF, (February 25, 2025), Arbitrator Novick. The claimant was injured as an occupant in a single vehicle collision in May 2018. The identity of the driver was unknown. The claimant’s grandmother was a named insured of Aviva Insurance Company of Canada. The...
Dealing with Claimants Who Have Entered Voidable or Void Marriages in Good Faith in the Context of Priority Disputes – the Second of our Three-Part Series Dealing with the Definition of “Spouse” in the Insurance Act Welcome back to our series exploring the definition...
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”)...
