The Ontario Divisional Court has ruled that Ontario laws cannot be used to determine whether a specific vehicle needs to be insured, when an incident happens outside Ontario. Why is this Important? Automobile insurance is meant to insure automobiles and…Read more →
As Ontario’s auto insurance industry was waiting anxiously, the Court of Appeal for Ontario released an interesting decision on priority dispute notices to claimants. In Dominion v. Unifund, an accident benefits claimant was not notified of the priority dispute between…Read more →
The Ontario Superior Court has held that an “excluded driver” under an auto policy is not a “listed driver” under the policy for the purpose of receiving accident benefits under the policy. In Dominion v. State Farm, the claimant was…Read more →
The Licence Appeal Tribunal (LAT) begins accepting applications to resolve auto insurance disputes on April 1, 2016. LAT has completed a first round of recruitment for adjudicators and case management staff. Adjudicators are Order-in-Counci…Read more →
The Ministry of Finance has posted proposed changes to Insurance Act regulations to provide for the transition the Automobile Insurance Dispute Resolution System from the Financial Services Commission of Ontario (FSCO) to the Ministry of the Attorney General’s Licence Appeal Tribunal (LAT), and the wind down of disputes filed at FSCO.
Proposed amendments include:
• The last date for submitting applications for mediation, neutral evaluation, or the appointment of an arbitrator to FSCO will be March 31, 2016.
• An application for an appeal to the FSCO Director of Arbitrations will only be accepted where the application for the appointment of an arbitrator was received by March 31, 2016.
• As well, an applications for a variation or revocation to the FSCO Director of Arbitrations will only be accepted where the application for the appointment of an arbitrator was received by March 31, 2016.
• The Office of the Director of Arbitrations will continue to function until all notices of appeal and all applications for variation or revocation have been finally determined.
• Statutory Accident Benefits Schedule (SABS) provisions that apply to the dispute resolution process at FSCO will continue to apply, as they read on March 31, 2016, to all applications that were received by FSCO before the transition date but are not finally determined before that date. The SABS will also be amended, where necessary, to apply to applications filed at the LAT on or after April 1, 2016.
A November 30, 2015 Law Times article titled “Arbitrator orders rare special award against insurer” reports on an unusual FSCO case between Thomas Waldock and his auto insurer. The case not only highlights the constant risks associated with relying on insurer…Read more →
The Ontario Court of Appeal has released a long-awaited decision on whether the equitable doctrine of laches applies to loss transfer matters. The Court held that there is no laches in loss transfer. The doctrine of laches issue arises when…Read more →
The Superior Court has upheld an arbitrator’s decision, finding that loss transfer is subject to a two-year rolling limitation period. In Economical v. Zurich, the claimant was driving a car and was involved in a motor vehicle accident with a…Read more →
A recent FSCO arbitration case (by an ADR Chambers arbitrator), Lo-Papa and Certas Direct, determined that the existence of anxiety and depression following an accident does not necessarily exclude one from the minor injury definition or the $3,500 tre…Read more →
Eight months ago, a Superior Court judge held that the equitable doctrine of laches does not apply to loss transfer claims. Three days ago, another Superior Court judge held that it does apply. And he applied it to bar a…Read more →
I assisted Justice Douglas Cunningham carry out his review of the Ontario auto insurance dispute resolution system (DRS). His report was recently submitted to the government and included 28 recommendations which if implemented would remove the system from Financial Services…Read more →