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Priority Disputes
Loss Transfer
Labour and Employment Decisions
Security National vs. Certas (DC)
Shari Novick
- February 2, 2023
Travelers vs. Aviva (Rathore)
Shari Novick
- November 2, 2022
Aviva vs. Intact (Samatar) preliminary issue
Shari Novick
- October 7, 2022
Wawanesa vs. Pembridge (Dewing)
Shari Novick
- September 29, 2022
Economical vs. Intact (Hutchinson)
Shari Novick
- April 29, 2022
RSA vs. Desjardins (Leslie)
Shari Novick
- March 31, 2022
TD vs. Aviva (Chaulk)
Shari Novick
- March 9, 2022
Economical vs. Wawanesa (Dulude) - Appeal Pending
Shari Novick
- December 23, 2021
Certas vs. AIG (Suthakaran)
Shari Novick
- September 2, 2021
Co-Operators vs. Security National (Clairoux)
Shari Novick
- March 2, 2021
Priority Disputes
Decisions Filter
(I)Regulation 283/95
Completed Application for Accident Benefits - Interpretation
Deflection and Nexus issues - Insurer Receiving First Application (Section 2)
Initiating an Arbitration Within One Year - Section 7
Notice of Intent to Dispute - Ninety Day Limit & savings provisions in s. 3(2)
Notice to Claimant - Section 4
Obligation of Insurers - Section 10
(II)Dependency Cases
dependency for care
financial dependency
(III)Interpretation of Terms
"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)
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
