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 surprise majority for the Liberals in the recent election is expected to set a different tone in Queen’s Park after almost 3 years of minority government. A minority government is all about survival, there is no long-term planning. The Liberals…
Read more →In a 2-1 split, the Court of Appeal for Ontario has allowed an insurer’s appeal of a priority dispute case deciding whether any insurer of any kind, or only “motor vehicle liability insurers”, are obliged to pay accident benefits pending…
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 →Charles Sousa, Ontario Minister of Finance, just released the report of the Honourable J. Douglas Cunningham on the Automobile Insurance Dispute Resolution System (DRS) in Ontario. Although his review was for the purpose of speeding up claims settlements and reducing costs, it would appear…
Read more →The Court of Appeal for Ontario has upheld an insurer’s summary judgement motion, dismissing a claimant’s action against her accident benefits insurer because she missed the two-year limitation period. Tanya Sietzema was involved in a car accident November 11, 2005. She filed…
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