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Priority Disputes
Loss Transfer
Labour and Employment Decisions
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 - Appeal Pending
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
Certas vs. Intact (Lenssen) - Appeal Pending
Shari Novick
- August 18, 2022
Coachman vs. Intact (Sharpe)
Shari Novick
- January 25, 2022
Dominion vs. Guarantee (Ferri)
Shari Novick
- November 1, 2021
Intact vs. Co-Operators (Stefanou)
Shari Novick
- October 8, 2021
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?
Estoppel - can an Insurer be estopped from changing its position regarding liability for loss transfer payments?
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)
(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
Is HST paid above monetary limit recoverable?
Waiver of Right to Dispute Loss Transfer
Worker's Compensation Benefits - section 59 of WSIA (interplay with SABS in priority dispute)
