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 Aug 20, 2018 9:00 AM
by Kevin Mitchell

With tension like The Who’s iconic song, the July 17, 2018 loss transfer private arbitration award of Fred Sampliner in State Farm v. Economical dealt primarily with a dispute over...

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Accident Benefits, Loss Transfer / Priority Disputes  
  

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 Aug 13, 2018 9:00 AM
by Kevin Mitchell

Akin to the controversy unleashed by Claudius’ usurpation of the Denmark crown, the July 10, 2018 endorsement of Justice Morgan in Royal v. Desjardins , 2018 ONSC 4284, relates to...

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Accident Benefits, Loss Transfer / Priority Disputes  
  

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 Mar 8, 2018 9:00 AM
by Kevin Mitchell

Priority notice period extension

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 Mar 2, 2018 9:00 AM
by Kevin Mitchell

When you represent an institutional client in priority or loss transfer disputes, is your client leaving money on the table? They probably are without realizing it. In priority, your client...

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 Jan 30, 2018 9:00 AM
by Samis + Company

Recent work on cases has lead me to resurrect some older loss transfer case law that might still assist practitioners with their current cases.  The first is the case from our Court of Appeal in  Jevco v. Canadian General, dated August 6, 1993.  Jevco sought appeal of the denial of its application to appoint an arbitrator in loss transfer (remember the provisions of automatic appointment in priority disputes do not apply to loss transfer and an Application is necessary where there is no agreement amongst the parties to appoint or whom to appoint). 

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 Jan 25, 2018 9:00 AM
by Neil Reeves

Contractual risk shifting cases are often tricky and a close read of the underlying agreement, in this case the lease is critical to understanding which party was to bear the risk of loss.

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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  
  

 Feb 2, 2017 11:00 AM
by Samis + Company

In applying s. 9(3) of the Fault Determination Rules to a chain reaction collision involving three moving vehicles and one stopped vehicle, the Superior Court has adopted the Court of...

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Courts, Loss Transfer / Priority Disputes  
  

 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  
  
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