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Priority Disputes
Loss Transfer
Labour and Employment Decisions
Co-Operators vs. Certas & Unifund (Zuccala) - Preliminary issue - Appeal Pending
Shari Novick
- May 16, 2025
Co-Operators vs. Chubb (Chartrand) - Appeal Pending
Shari Novick
- April 25, 2025
Certas vs. Economical & RSA (Daye)
Shari Novick
- October 31, 2024
Wawanesa vs. Definity (Melde)
Shari Novick
- February 12, 2024
Wawanesa vs. Zurich (SB)
Shari Novick
- August 17, 2023
Co-Operators & Belair vs. Zurich (Ball & Singh)
Shari Novick
- June 22, 2023
Wawanesa vs. Zurich (KB)
Shari Novick
- May 10, 2023
Intact vs. Dominion (Mcjannet) - Preliminary issue
Shari Novick
- November 30, 2022
Chubb vs. Coseco (Auwaerter) - Preliminary Decision
Shari Novick
- November 17, 2022
Aviva vs. Northbridge (Collee)
Shari Novick
- September 8, 2022
Loss Transfer
Decisions Filter
Application of Loss Transfer provisions to -
(a) pedestrians
(b) accidents outside of Ontario
(c) drivers without a valid license
(d) drivers of a car claiming under a "motorcycle only" policy
(e) OPCF 47 - insurer paying optional benefits
(f) period of time before priority insurer is determined, if first insurer insured a heavy commercial vehicle?
Degree of Fault of Non-parties - to be considered in Loss Transfer cases?
Examinations Under Oath
Fault Determination Rules - application of rules:
(a)Application of Rule 3
(b)Ordinary rules of law - section 5
(c)Rule 6 (2) & (3)
(d)Rule 9
(e)Rule 10 - "Collision"
(f)Rule 10 (4)
(g)Rule 11
(h)Rule 12 (1) and (4)
(i)Rule 14
(j)Rule 15
(k)Rule 17 (1) and (2)
(l)Rule 19
Heavy Commercial Vehicle - section 9 of Reg 664
Inevitable Accident
Involved in an accident
Limitation Period to Commence Arbitration
One Percent Rule or Joint and Several Liability re Loss Transfer
Priority among two 'second party insurers' - does Loss Transfer obligation fall on insurer of owner of vehicle involved in accident or insurer of driver's personal vehicle ?
Production of Documents
Obligation on First insurer to produce documents
Solicitor/Client Privilege
Reasonableness of Payments
Can first insurer seek repayment for optional benefits paid?
Is HST paid above monetary limit recoverable?
Waiver of Right to Dispute Loss Transfer
Withdrawal of Acceptance of indemnity under Loss Transfer provisions
Worker's Compensation Benefits - section 59 of WSIA (interplay with SABS in priority dispute)
