New@SBA.
Three-Way Priority Battle Ends in A Tie
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 her parents, who were not married and had alternated in supporting her over the years.
Notice Not Required: ONSC Confirms No Duty to Notify Excluded Drivers
In its recently released decision in Brown et al. v Paudash et al., the Superior Court confirmed that an excluded driver endorsement is in effect even if the excluded driver never received notice of the exclusion.
Schrödinger’s Incident: An “Accident” and Not At The Same Time
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!
Major Concussion v. Minor Contusion: The Burden of Proof and Medical Evidence Required for MIG Removal at the LAT
In 2019, Ms. Marcelo was injured in a motor vehicle accident and applied for accident benefits from the insurer. Among several conditions justifying removal from the MIG, Ms. Marcelo claimed to have sustained a concussion as a result of the accident.
Spillover Effect: How a Cup Lid Caused an MVA
The Divisional Court has finally settled the question: is spilling coffee in a car an “accident” under the SABS? The answer is yes.
Unlocking Arbitration Power with the Help of the Court
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.
Swerving Blame in Emergency Situations
What standard is expected of a driver confronted with an emergency situation? ONCA upholds a summary judgment motion ruling that a reactive driver was not negligent.
Til Death (or Divorce) Do Them Part
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.
End the Unpleasantness….Summarily
A Quick Guide to Dismissing Frivolous Human Rights Complaints Brought Against Condo Boards and Property Managers.
CERB / CRB is Deductible from a Past Loss of Income Award
The debate is over. The Ontario Superior Court of Justice confirms that any Canada Emergency Response Benefit (CERB) and/or Canada Recovery Benefit (CRB) received by a plaintiff is deductible pursuant to s. 267.8(1)2 of the Insurance Act.