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The Future is Nigh: The Enactment of the Autonomous Vehicle Act
The Autonomous Vehicle Act is here and its the first of its kind. Read on to see what the future holds.
The Ultimate Limitation Period: The Court of Appeal Weighs In
Does the claim have to arise while a plaintiff is a minor for Section 15(4)(b) of the Limitations Act, 2002 to apply?
The Eyes and Ears of the Accident: How Witnessing Doesn’t Always Mean Being Involved
Does witnessing a motor vehicle accident make you involved in it?
The Wheels on the Bus, and other Regular Use Rhymes
Is a school bus company making a bus available for an employee driver’s regular use “at the time of the accident”, if she is not allowed to use the bus at the time of an accident? In TD Insurance v. Dominion, the claimant worked for a school bus...
Take Notice: There is no time for Notice
As Ontario’s auto insurance industry was waiting anxiously, the Court of Appeal for Ontario released an interesting decision on priority dispute notices to claimants. In Dominion v. Unifund, an accident benefits claimant was not notified of the...
New Case: Let’s get this Party Started
Co-operators v. Intact and Northbridge, Private Arbitration, Arbitrator Novick In this priority matter, the claimant was struck as a pedestrian after disembarking his tractor trailer, of which he had regular use. He applied for SABS benefits to his...
Sign Here, or Your Child will Hate You
Authored for and Published in CICMA March 2019 Newsletter. Your child has been invited to her best friend’s birthday party at Charlie’s Pizza Palace. You drop her off at the party. Before you can leave to enjoy the next two hours of freedom, the...
When is a House a Household?
What does “living in the same household” mean? In Ferro v. Weiner, the late Enid Weiner owned a house on Lake Eugenia. From the late 1980s or early 1990s, it was Enid’s sole residence, before she moved to a nursing home in 2008 or 2009. Although...
Who am I? The Case of the Named Insured and the Owner
What happens when an auto insurer sends a policy termination notice to the named insured, but the named insured does not own the vehicle insured under the policy? In Ontario (Minister of Finance) v. Traders General Insurance Co. (c.o.b. Aviva...
ONCA Sides with Lessor in Coverage Dispute
What happens when a Certificate of Automobile Insurance specifies that the policy includes coverages under certain endorsements, when those endorsements never make it onto the policy? The Certificate and OPCF Endorsements Ontario’s standard...