New@SBA.
Insured’s Coverage Claim Knocked Out
Did an insurer owe a duty to defend a martial arts school for claims arising from a sexual assault of a student?
SABS Priority Disputes 101: Notice in 90
What happens when you fail to give a priority dispute notice to another insurer within the prescribed 90-day period? (it isn’t good…)
Ice Is Back with A Brand New Decision
Does slipping on ice next to a vehicle come within the definition of accident under Ontario’s statutory accident benefits scheme?
Priority Disputes 101: The Claimant
Ontario’s priority dispute scheme places disputing insurers front and centre. However, claimants often have an important role in the process…
ONCA: No “trial within a trial” in the duty to defend
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 evidence, that being evidence that would require findings to be made before trial, referred to as a “trial within a trial.”…
Priority Disputes 101: The Final Frontier
When a priority dispute doesn’t resolve in the normal course, the parties submit the issues to a private arbitrator. Oh …. there is also another notice provision that we haven’t discussed yet!
If they don’t remit, the HST’s not legit
In 2019 the legislature amended the SABS to confirm that the med/rehab limits are exclusive of HST. But when exactly is HST payable in accident benefits claims?
A Worker in an Executive’s Clothing
Does the Executive Officer Exception under the WSIA apply to every Executive Officer?
ONCA Confirms Business Interruption Losses are Not Insured Losses
The Ontario Court of Appeal has confirmed that business interruption losses relating to COVID-19 are not insured losses.
Business Interruption Losses: COVID-19 is Not an Insured Loss
COVID-19 may be a distant memory to some, but pandemic related litigation continues to filter through the court system. In Workman, the Ontario Superior Court of Justice recently examined an insured’s ability to recover revenue relating to the pandemic.