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Priority Disputes
Loss Transfer
Labour and Employment Decisions
Wawanesa vs. Intact (TS)
Shari Novick
- October 9, 2026
Definity vs. Aviva (PC) - Appeal Pending
Shari Novick
- September 18, 2026
Aviva vs. MVACF & Certas (GR)
Shari Novick
- July 31, 2026
MVACF vs. Echelon & Aviva (RK) - Appeal Pending
Shari Novick
- May 28, 2026
Economical vs. Co-Operators (JH)
Shari Novick
- April 9, 2026
MVACF vs. Allstate (EA) - Preliminary Issue - Appeal Pending
Shari Novick
- March 12, 2026
Chubb vs. Certas (LZ)
Shari Novick
- January 29, 2026
Certas vs. TD (AH)
Shari Novick
- November 14, 2025
Heartland-Co-Operators & MVACF (Colligan) - dependency
Shari Novick
- July 31, 2025
Aviva vs. MVACF (SF)
Shari Novick
- February 25, 2025
Priority Disputes
Decisions Filter
(I)Regulation 283/95
Can an insurer proceed to Arbitration without paying benefits?
Completed Application for Accident Benefits - Interpretation
Deflection and Nexus issues - Insurer Receiving First Application (Section 2)
Initiating an Arbitration Within One Year - Section 7
MVACF notice provisions – section 3.1
Ninety-Day Limit for providing notice & saving provisions in 3(2)
Notice to Claimant - Section 4
Obligation of Insurers - Section 10
Section 8(2) - Time Deadlines
(II)Dependency Cases
dependency for care
financial dependency
(III)Interpretation of Terms
"Accident"
"Automobile"
"Being rented for more than 30 days"
"Insured Person" - Persons not involved in accident
"Insured", "Named Insured", "Listed Driver", "Excluded Driver"
"Insurer of the auto in which he/she was an occupant"
"Insurer of the Auto that struck the non-occupant"
"Involved in the incident"
"Occupant" - section 268 (2) (1) of the Insurance Act
"Other Auto" Provision - section 2.2.3 of OAP 1
"Regular Use" of an Automobile
"Spouse"
"Striking vehicle - transmission of force"
(IV)Issues - Insurance Policies
Cancellation of Policy & Expiry / Lapse
Change in Coverage - Comprehensive only (OPCF 16)
Coverage under rideshare endorsement
SPF 6 endorsement - coverage
(V)Procedural Issues
Adjournment of Arbitration
Previous settlement
Stay of Arbitration (to permit issue to be determined in another forum)
Withdrawal of Agreement to Accept Priority
Credibility Determination
Interplay between Workers' Safety & Insurance Act and SABS
Legal costs and recoverable items
Onus of Proof
Production of Documents - Privilege, Relevance, Deemed Undertaking Rule
