Arbitration Decisions

October 12, 2024 Justice Kaufman's endorsement orders the OPP to produce motor vehicle accident records in a priority dispute, with reasoning supporting the Arbitrator. 2024 ONSC 5505

November 11, 2022, The issues were whether the striking vehicle was a 'motor vehicle' or 'automobile' under the SABS & HTA, relevance of LAT findings, policy termination & was there an 'accident' (appeals dismissed,-2024 ONSC 1520 & 2025 ONCA 74)

April 3, 2022 priority. Applying section 3 notice to a second tier insurer's priority claim and section 7 limitation period. Aviva & Chubb (preliminary issues). - no appeal

March 3, 2022. Loss transfer claim denied based on failire to examine defective policy cancellation of the priority carrier. Echelon & Co-Operators (no appeal).

January 30, 2022. The issue of a private golf instructor's financial dependency on his grandfather. HMQ 'The Fund' & Allstate (no appeal).

September 15, 2021 priority. Third party SABS claimant ordered to produce a discovery transcript.

November 5, 2020 priority. The defective termination notice resulted in coverage for an accident that occurred after the policy lapsed. CAA & The Personal, Allstate (no appeal)

June 7, 2019 loss transfer. Reimbursement allowed for Michigan level no-fault benefits under SABS out-of-province coverage. Allstate & TD (appeal dismissed, 2020 ONSC 6969)

April 16, 2019 priority. A repayment claim reduced due to failure to withhold/exclude benefits. Wawanesa & The Fund (appeal dismissed, 2023 ONSC 4779)

February 23, 2019 expenses. A complicated assessment of costs. RSA & Dominion, MVAC (no appeal)

December 17, 2018 priority. An improper cancellation notice resulted in continuing coverage. HMQ & Allstate (appeal dismissed, 2020 ONSC 830.

July 17, 2018 loss transfer. A question of negligence/file mis-handling in a lump sum settlement. State Farm & Economical (no appeal)

July 12, 2017 priority. Evidence no longer available following the 1998 accident complicated the priority determination. RSA & Dominion, MVAC (appeal withdrawn)

April 19, 2017 priority. A law student residing away from home is found dependent on parents. Economical & ICBC (no appeal)

March 29, 2017 priority. Did use of the vehicle cause an accident-related injury? State Farm & Economical (appeal dismissed)

August 12, 2015 priority. Insurer permitted to resile from accepting priority based on misrepresentation. Economical & Intact (no appeal)