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 Mar 27, 2018 3:00 PM
by Mauro D'Agostino

In the decision of The Dominion of Canada General Insurance Company v. Unifund Assurance Company , the Court of Appeal has confirmed that the standard of review applicable in priority...

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Accident Benefits, Arbitrations, Courts  
  

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 Jan 17, 2018 9:00 AM
by Samis + Company

In this January 5, 2018 priority dispute private arbitration award of Ken Bialkowski, the main issue was principle dependency; a construct of the definitions contained in s. 3(7)(b) of the SABS. In this case it was argued by RBC the majority contributor was the eldest son; TD’s named insured.  Even if RBC hadn’t admitted dependency upon its named insured (albeit not the greatest contributor), it still had the onus of proof in the dispute since it, at a minimum, was liable to pay benefits, per s. 268(3), based upon mere occupancy. RBC was found to be the priority insurer for both claimants and responsible for TD’s partial indemnity costs and the arbitrator’s account.

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Accident Benefits, Arbitrations, Loss Transfer / Priority Disputes  
  

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 Dec 5, 2016 11:14 AM
by Dan Inkpen

FSCO Director's Delegate Feldman has reversed an arbitration decision and has found that a child who fell off a parked fire truck at a birthday party was involved in an...

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Accident Benefits, Arbitrations, Coverage, Legislation / Regulation  
  

 Nov 28, 2016 9:00 PM
by Samis + Company

It has long been unclear from the attendant care provisions in the Statutory Accident Benefits Schedule (SABS 2010) whether the “economic loss” component of the “incurred” definition need only be...

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Accident Benefits, Arbitrations, Legislation / Regulation  
  

 Nov 20, 2016 12:00 AM
by Samis + Company

In a decision on a preliminary issue, dated November 18, 2016, Arbitrator Schnapp held that a catastrophically impaired Applicant missed the two year limitation period to dispute the Insurer’s...

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Accident Benefits, Arbitrations  
  

 Nov 16, 2016 4:00 PM
by Samis + Company

An interesting question was put before Adjudicator Cynthia Pay at the Licence Appeal Tribunal (“LAT”) recently. A preliminary issue hearing was conducted to determine whether a claim for non-earner benefits...

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Accident Benefits, Arbitrations  
  

 Nov 16, 2016 11:00 AM
by Samis + Company

A new Superior Court decision tries to tackle the complicated interplay between a coverage dispute under the SABS and the priority disputes between insurers scheme in section 268 of the...

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Accident Benefits, Arbitrations, Courts, Coverage, Legislation / Regulation, Loss Transfer / Priority Disputes  
  

 Nov 9, 2016 11:00 AM
by Samis + Company

On August 4, 2016, the Ontario Court of Appeal released its decision in Intact v. Allstate[1] and changed the correctness standard of review for appeals from private arbitrations to one...

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Accident Benefits, Arbitrations, Courts  
  

 Oct 31, 2016 8:00 PM
by Samis + Company

A FSCO arbitrator has confirmed that the first insurer that receives a completed application for accident benefits is required to adjust and pay the claim, even if the insurer is...

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Accident Benefits, Arbitrations, Coverage  
  
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