Name | Date | Arbritrator | Type | |||
---|---|---|---|---|---|---|
Wawanesa v. Peel Mutual and Economical | April 15, 2014 | Lee Samis | >Priority Dispute >Regular Use | View Decision Document | ||
Wawanesa v. State Farm | September 13, 2018 | Lee Samis | View Decision Document | |||
York Fire v. Kinsgway | January 15, 2014 | Lee Samis | Priority dispute re personal automobile insurers of the SABS claimant and the insurer of certain commercial vehicles owned by the claimant’s employer |
View Decision Document | ||
Unifund v. Markel | January 9, 2015 | Kenneth Bialkowski | Preliminary issue re which insurer bears first responsibility to claim for SABS benefits |
View Decision Document | ||
Unifundv. Commercial Union(Endorsement on Appeal) | June 30, 1999 | J. Ferrier | >Loss Transfer >Named Insured | View Decision Document | ||
Waterloo v. Ace Ina | April 19, 2018 | Lee Samis | >Loss Transfer | View Decision Document | ||
Waterloo v. Wawanesa | April 25, 2013 | Lee Samis | What constitutes receipt of a completed Application for Benefits? Did Waterloo make reasonable investigations regarding priority within the 90 day period? Was 90 days sufficient to make a determination of another insurer™s liability? |
View Decision Document | ||
Wawanesa (Abdul) v. State Farm & Aviva | April 11, 2017 | Kenneth Bialkowski | View Decision Document | |||
Wawanesa (Coke) v. Travelers | April 14, 2018 | Kenneth Bialkowski | View Decision Document | |||
WAWANESA (Ravisankar) v. CONTINENTAL CASUALTY | April 30, 2017 | Kenneth Bialkowski | >Loss Transfer | View Decision Document | ||
Wawanesa (Sloan) v. Zurich | May 26, 2018 | Kenneth Bialkowski | View Decision Document | |||
Wawanesa v. Aviva and MVACF | May 19, 2011 | Kenneth Bialkowski | What constitutes proper notice of a priority dispute as required by Section 3(1) of Ontario Regulation 283/95? |
View Decision Document | ||
Wawanesa v. Hartford | December 29, 2003 | M. Guy Jones | Retroactivity of WSIB Assignment |
View Decision Document | ||
Wawanesa v. Her Majesty and Allstate | August 14, 2009 | Bruce Robinson | >Insured Person | View Decision Document | ||
Wawanesa v. Kingsway | April 6, 2006 | M. Guy Jones | >Spousal issue | View Decision Document | ||
Wawanesa v. MVACF andRoyal and SunAlliance | July 16, 2008 | M. Guy Jones | Was there a valid policy of insurance in place at t |
View Decision Document | ||
Wawanesa v. Old Republic | October 15, 2009 | Jay Rudolph | Priority dispute re application to Workplace Safety Insurance Appeals Tribunal |
View Decision Document | ||
Wawanesa v. Peel | January 28, 2011 | Lee Samis | Priority dispute – Does a second tier insurer intending to pursue other insurers have to provide notice within 90 days as the first tier insurer is required to do? |
View Decision Document | ||
Wawanesa v. Peel and Economical | June 21, 2011 | Lee Samis | Did Peel receive a complete Application for Benefits? What is the effect of the saving provision found in ss. 3_2) of Ontario Reg. 283/95? |
View Decision Document | ||
TTC v. Co-Operators | July 23, 2007 | Lee Samis | >Dependency | View Decision Document | ||
UNIFUND (Giamos) v INTACT | April 17, 2015 | Kenneth Bialkowski | View Decision Document | |||
UNIFUND (Macho) v. WAWANESA | April 8, 2015 | Kenneth Bialkowski | Priority dispute pursuant to s. 268 of the Insurance Act, R.S.O. 1990, c.I.8, is an insurer precluded from proceeding to arbitration upon a breach of s. 8_2__2_ of Ontario Regulation 283/95 in failing to schedule and have a pre-arbitration hearing take place no later than 120 days after the appointment of the arbitrator |
View Decision Document | ||
Unifund v Dominion | September 23, 2016 | Lee Samis | View Decision Document | |||
State Farm v. Zurich | July 10, 2013 | Kenneth Bialkowski | >Loss Transfer | Loss Transfer re waiver and estoppel |
View Decision Document | |
TD General v. Markel | December 13, 2013 | Lee Samis | Involves both loss Transfer and priority dispute |
View Decision Document | ||
TD General v. Zurich | December 24, 2013 | Kenneth Bialkowski | Laches and limitation period in a loss Transfer claim |
View Decision Document | ||
TD HOME & AUTO INSURANCE v. WAWANESA MUTUAL INSURANCE | June 3, 2016 | Lee Samis | >Loss Transfer | View Decision Document | ||
TD v. Markel | August 24, 2011 | Lee Samis | Insurer who accepted priority after receiving Notice of Dispute may reverse that position if representation made in Notice of Dispute about person’s status as not a listed driver is inaccurate |
View Decision Document | ||
The Personal v. RBC | May 31, 2017 | Lee Samis | View Decision Document | |||
The Personal v. Security National | July 7, 1998 | Lee Samis | >Insured Person >Occupancy | View Decision Document | ||
The Personal v. Wawanesa | June 10, 2019 | Lee Samis | View Decision Document | |||
State Farm v. Aviva & Certas | April 20, 2018 | Lee Samis | View Decision Document | |||
State Farm v. AXA | June 11, 2013 | Stanley Tessis | Is AXA obligated to indemnify State Farm for SABS paid to its insured, assuming the policy of insurance of AXA was void ab initio? |
View Decision Document | ||
State Farm v. Coachman | April 6, 2010 | Lee Samis | Priority dispute re SABS benefits payable |
View Decision Document | ||
State Farm v. Cooperators | March 26, 2013 | Kenneth Bialkowski | Motion to dismiss re time-barred (more than 1 year after first serving Notice of Dispute) |
View Decision Document | ||
State Farm v. Dominion | November 12, 2013 | Kenneth Bialkowski | Costs decision re what costs a second party insurer is entitled to recover from a first party insurer in a priority dispute where the claim of the first party insurer is withdrawn immediately after satisfaction by the second party insurer of the arbitrator’s initial production order, and who should pay arbitrator costs |
View Decision Document | ||
State Farm v. Dominion and RSA | January 1, 2006 | Kenneth Bialkowski | >Loss Transfer | Degree of fault under Fault Determination Rules, loss Transfer |
View Decision Document | |
State Farm v. Kingsway | October 20, 1999 | Lee Samis | >Other Entity >Regular Use | View Decision Document | ||
State Farm v. Lloyds of London | January 16, 2002 | M. Guy Jones | Is State Farm entitled to proceed with arbitration? |
Supplementary Reasons dated July 10, 2002 | View Decision Document | |
State Farm v. Manitoba Public Insurance | February 4, 2014 | Kenneth Bialkowski | Limitation periods in a loss Transfer dispute |
View Decision Document | ||
State Farm v. Markel | February 4, 2011 | Lee Samis | >Loss Transfer | Loss Transfer – Is there a loss Transfer when the injured person claiming benefits is a cyclist, injured in connection with an incident that involves a heavy commercial vehicle? |
View Decision Document | |
State Farm v. RSA | July 2, 2014 | Kenneth Bialkowski | >Loss Transfer | Loss Transfer – Argument was made that Rule 19(a) should not apply if the reversing vehicle was actually stopped at impact |
View Decision Document | |
RSA v. State Farm | January 1, 2006 | Kenneth Bialkowski | >Loss Transfer | Degree of fault under Fault Determination Rules, loss Transfer |
View Decision Document | |
RSA v. Zurich | February 7, 2011 | Kenneth Bialkowski | Priority dispute – Who has priority to adjust and fund the AB claim? |
View Decision Document | ||
SECURITY NAT’L (Larmer)_UNIFUND DECISION 8-438 | December 9, 2015 | Kenneth Bialkowski | View Decision Document | |||
Security National (Larmer) v. Unifund | January 8, 2018 | Kenneth Bialkowski | View Decision Document | |||
SECURITY NATIONAL (Sadler)_v. BELAIR | July 14, 2016 | Kenneth Bialkowski | View Decision Document | |||
Security National (Zou) v. Intact & MVACF | May 18, 2018 | Kenneth Bialkowski | View Decision Document | |||
Security National v. Axa | February 15, 2011 | William J. McCorriston | Was the Claimant dependent on his son, the named insured? |
View Decision Document | ||
Security National v. Markel | November 20, 2009 | Lee Samis | >Named Insured >Occupancy >Regular Use | for Decision of Perell, J.on appeal dated Sept. 27, 2010, and companion decision , Reasons for Decision of Perell, J. re Kingsway v. Gore dated Sept. 27, 2010 | View Decision Document | |
Security National v. The Personal | August 9, 2011 | Kenneth Bialkowski | Priority dispute re dependency and the test to be applied |
View Decision Document | ||
SECURITY NATIONAL v. WAWANESA | March 10, 2017 | Lee Samis | >Loss Transfer | View Decision Document | ||
St. Paul Fire and Marine/Travelers v. Wawanesa | January 15, 2014 | Philippa Samworth | The September 2010 legislative change to the definition of “insured person” in the SABS, requiring a claimant to be a spouse or a dependent of an individual, does not restrict a claimant from being a spouse or dependent of a regular user |
View Decision Document | ||
St. Paul’s Travelers v. York Fire | August 11, 2011 | Lee Samis | >Dependency | Dependency Selection of reference time frame for determination of financial dependency. Desirability of using objective information for the purpose of determining needs |
View Decision Document | |
STATE FARM (Basile)_TD PRELIM DECISION | May 18, 2016 | Kenneth Bialkowski | View Decision Document | |||
STATE FARM (Dorre). MVACF TD DECISION | February 27, 2017 | Kenneth Bialkowski | View Decision Document | |||
State Farm (Jackson) v. Wawanesa | July 20, 2018 | Kenneth Bialkowski | >Loss Transfer | View Decision Document | ||
State Farm (Medina-Solano) v. Unifund | February 28, 2019 | Kenneth Bialkowski | View Decision Document | |||
State Farm (Silvermount) v. Intact | July 22, 2019 | Kenneth Bialkowski | >Loss Transfer | View Decision Document | ||
State Farm (Souza) v. Economical Mutual Insurance | July 17, 2018 | Fred Sampliner | View Decision Document | |||
RBC (Rattan) v. TD | January 5, 2018 | Kenneth Bialkowski | View Decision Document | |||
ROYAL (Chavez) STATE FARM | August 11, 2016 | Kenneth Bialkowski | View Decision Document | |||
ROYAL (Walker) v._TD | November 30, 2015 | Kenneth Bialkowski | View Decision Document | |||
RSA v. Echelon | June 3, 2013 | Kenneth Bialkowski | >Regular Use | View Decision Document | ||
MVACF (D`Souza)_STATE FARM GEICO | October 25, 2016 | Kenneth Bialkowski | View Decision Document | |||
MVACF (Mesarosh) v. Travelers | October 2, 2019 | Kenneth Bialkowski | View Decision Document | |||
MVACF (Monteleone). GORE AVIVA DECISION | March 3, 2017 | Kenneth Bialkowski | View Decision Document | |||
MVACF (Young)_STATE FARM DECISION | August 31, 2015 | Kenneth Bialkowski | View Decision Document | |||
MVACF v. State Farm | March 30, 2007 | M. Guy Jones | Stay of proceeding re whether comprehensive policy or whether it included liability and thus SABS; MVACF, priority dispute |
View Decision Document | ||
NORTHBRIDGE v INTACT | December 29, 2015 | Lee Samis | View Decision Document | |||
OPTIMUM (DePaz)_STATE FARM | April 24, 2015 | Kenneth Bialkowski | View Decision Document | |||
OPTIMUM (Robertson)_STATE FARM | April 25, 2015 | Kenneth Bialkowski | View Decision Document | |||
Optimum v. State Farm | October 7, 2009 | Kenneth Bialkowski | Interpretation of words “outside city, town or village” re Fault Determination Rules |
View Decision Document | ||
Pafco v. Cumis | March 31, 2014 | Kenneth Bialkowski | Impact of Excluded Driver Endorsement |
View Decision Document | ||
Pafco v. Economical and MFACF | August 28, 2001 | Jesse Glass | Supplementary Award-Costs of Jessee Glass dated Sept. 6, 2002Definition of “Insured Person”, priority dispute |
Endorsement of Gans, J. dated Aug. 28, 2001 on appeal (appeal dismissed), Supplementary Award-Interest of Jessee Glass dated Sept. 6, 2002 | View Decision Document | |
Primmum v. Lloyds and Aviva | October 8, 2010 | Bruce Robinson | >Loss Transfer | Loss Transfer – Fault Determination Rules |
View Decision Document | |
Primmum v. Royal & Sun Alliance | August 11, 2017 | Lee Samis | >Loss Transfer | View Decision Document | ||
Primmum v. State Farm | August 31, 2009 | Lee Samis | >Dependency | View Decision Document | ||
Progressive v. Zurich | January 7, 1996 | Lee Samis | >Dependency >Insured Person | View Decision Document | ||
Rampersaud re Wawanesa v. Axa | March 26, 2015 | Scott Densem | View Decision Document | |||
Intact v. Allstate (Endorsement Appeal) | July 2, 2015 | J. Raikes | >Dependency | View Decision Document | ||
Intact v. Economical | July 17, 2014 | Kenneth Bialkowski | >Dependency >Spouse | “Spousal” and “dependency”, with an interpretation of the words “adoptive parents” |
View Decision Document | |
Intact v. Gore | September 11, 2018 | Lee Samis | View Decision Document | |||
Intact v. Jevco | October 13, 2011 | Kenneth Bialkowski | >Spousal issue | View Decision Document | ||
Intact v. The Co-Operators | October 17, 2014 | Kenneth Bialkowski | >Regular Use | “Regular use”, legal implication of “beneficial ownership” and insurance coverage where a policy is issued to a sole proprietorship |
View Decision Document | |
Intact v.State Farm | June 6, 2013 | Kenneth Bialkowski | >Loss Transfer | View Decision Document | ||
JEVCO v CHIEFTAIN | March 11, 2016 | Philippa Samworth | Priority Dispute re OPCF-47 |
View Decision Document | ||
Jevco v. Economical | December 23, 2013 | Kenneth Bialkowski | >Loss Transfer | Loss Transfer re indemnification for payments made in settlement of AB claim at mediation, and whether payments were reasonable |
View Decision Document | |
Jevco v. Liberty Mutual | December 20, 2014 | Kenneth Bialkowski | >Loss Transfer | Loss Transfer re whether the left turn/overtaking vehicle provisions of Rule 10(6) apply, rather than the Rule 6 striking from the rear provisions |
View Decision Document | |
Jevco v. State Farm | August 22, 2000 | Lee Samis | Motion to compel non-party to examination for discovery |
View Decision Document | ||
Jevco v. Unifund | July 29, 1999 | Jay Rudolph | Who is responsible for legal expenses of settlement? Loss Transfer |
View Decision Document | ||
Jevco v. Wawanesa | December 21, 2014 | Kenneth Bialkowski | Priority dispute involving the 90 day notice requirement and the application of the savings provisions of Section 3_2_ of Ontario Regulation 283/95 Dispute Between Insurers |
View Decision Document | ||
Jevco v.State Farm | September 13, 2000 | Lee Samis | Motion re production |
View Decision Document | ||
Kingsway (Kibukila) v Lombard | June 26, 2015 | Kenneth Bialkowski | >Loss Transfer | View Decision Document | ||
Kingsway v. Zurich | April 4, 2011 | Lee Samis | An insurer that failed to pursue priority issues against a higher ranking insurer was precluded from recovering indemnity under loss Transfer |
View Decision Document | ||
Kinsgway v. Gore | October 15, 2009 | Kenneth Bialkowski | >Named Insured | Reasons for Decision of Perell, J. on appeal dated Sept. 27, 2010 | View Decision Document | |
Lloyds of London v. State Farm | October 13, 1998 | Bruce Robinson | >Named Insured | View Decision Document | ||
Markel v. State Farm | August 11, 2011 | Kenneth Bialkowski | Deflection and “the first party to have received a completed Application for Accident Benefits” |
View Decision Document | ||
Motors v. State Farm | October 1, 2007 | Kenneth Bialkowski | Indemnification for DAC assessments and insurer exams, loss Transfer |
View Decision Document | ||
MVACF (Bonnell) v. Intact | June 16, 2017 | Kenneth Bialkowski | View Decision Document | |||
Guardian v. Wawanesa | August 5, 1999 | Stephen Malach | Was notice of dispute properly given? Was one year limitation period complied with? Priority dispute |
View Decision Document | ||
Her Majesty the Queen & Unifund & TD Insurance (Bastyrev) | April 10, 2008 | Bruce Robinson | View Decision Document | |||
Howard Mutual v. Zurich | November 8, 2013 | Kenneth Bialkowski | Costs decision re whether Respondent entitled to costs of appeal of award assessed, and what is appropriate assessment of partial indemnity costs awarded to Zurich re the arbitration proceeding |
View Decision Document | ||
ICBC v. Federated | July 3, 2009 | Lee Samis | >Dependency | View Decision Document | ||
ING Halifax v. Travellers and Great-West | October 27, 2000 | Bruce Robinson | Was notice of dispute properly given? Priority dispute |
View Decision Document | ||
ING v State Farm | May 26, 2015 | Lee Samis | View Decision Document | |||
ING v. AXA | October 31, 2006 | James Chadwick | WSIB, heavy commercial vehicle, Schedule 1 employee, priority dispute |
View Decision Document | ||
ING v. Markel | April 5, 2012 | Lee Samis | decision on appeal dated Apr. 5, 2012 (appeal dismissed), with /Markel_v__ING__Appeal,_April_5,_2012_.pdf Limitations Act 2002 applies to loss Transfer. The limitation starts to run after notice, and after a proceeding is appropriate. On appeal, the application of the Limitations Act to loss Transfer claims is analyzed |
Order of Justice Edward P.Belobaba of the Superior Court of Justice dated July 12, 2011 April 5, 2012 appeal | View Decision Document | |
ING v. Non-Marine Underwriters | February 23, 2005 | Lee Samis | >Loss Transfer | Does misrepresentation or non-disclosure defence negate loss Transfer obligations? |
Appeal (dismissed) dated June 21, 2005 | View Decision Document |
ING v. State Farm | April 15, 2009 | Lee Samis | What constitutes “Completed Application”, priority dispute |
View Decision Document | ||
ING v. Temple | May 7, 2008 | Lee Samis | >Loss Transfer | Loss Transfer re SPF6 coverage |
View Decision Document | |
ING v. Zurich | July 23, 2009 | Shari Novick | Do loss Transfer provisions apply to claims arising out of motor vehicle accidents involving pedestrians? Loss Transfer |
View Decision Document | ||
INTACT (Cadieux)_FEDERATED DECISION | October 23, 2015 | Kenneth Bialkowski | View Decision Document | |||
Intact (George) v. QBE | September 17, 2018 | Kenneth Bialkowski | View Decision Document | |||
Intact (Giovannetti) v. Aviva | March 8, 2018 | Kenneth Bialkowski | View Decision Document | |||
Intact (Knez) v. TD | May 6, 2019 | Kenneth Bialkowski | View Decision Document | |||
Intact (McQueen) v. Wawanesa | September 12, 2017 | Kenneth Bialkowski | View Decision Document | |||
INTACT (Shaoqing) v_ AIG | October 2, 2016 | Kenneth Bialkowski | View Decision Document | |||
Intact v. Allstate | October 16, 2014 | Kenneth Bialkowski | Appropriate timeframe for calculation of financial dependency |
View Decision Document | ||
Economical v. State Farm | December 22, 2014 | Kenneth Bialkowski | Priority dispute re application of the one year limitation to commence arbitration as set out in S.7_3_ of Ontario Regulation 283/95 |
View Decision Document | ||
Economical v. Wawanesa | October 8, 2004 | Bruce Robinson | >Regular Use | View Decision Document | ||
Economical v. Zurich | September 2, 2014 | J. Lederer | Appeal of decision re limitation period for pursuing loss Transfer claim |
View Decision Document | ||
Farmers Mutual v. Co-Operators | July 3, 2009 | Lee Samis | Can one insurer put another on notice of a priority dispute more than 90 days after having received a Completed Application for Benefits? “Named Insured”, spousal status, priority dispute |
View Decision Document | ||
Federation v. Kingsway | December 16, 2010 | Scott Densem | Limitation discussion with respect to a loss Transfer claim. The Limitations Act 2002 applies and the limitation starts to run with receipt of each notice of a claim for indemnity |
View Decision Document | ||
Federation v. Liberty | May 7, 1990 | Lee Samis | >Dependency | View Decision Document | ||
GAN General Insurancev. State Farm | December 30, 1998 | Jay Rudolph | >Loss Transfer | View Decision Document | ||
Geico v. Aviva | April 19, 2010 | Lee Samis | Is a dependent of Ontario social welfare programs an “Insured Person” under the SABS? |
View Decision Document | ||
Gore Mutual v. Guarantee Company | April 18, 2009 | Lee Samis | Reasons for Decision of Echlin, J. on appeal dated July 8, 2010 | View Decision Document | ||
Gore Mutual v. Lombard and MVACF | June 21, 2010 | Kenneth Bialkowski | >Loss Transfer | Loss Transfer – Is Gore’s purported letter of termination legally sufficient to result in a termination of Gore’s insurance obligations under the policy? |
View Decision Document | |
Gore v. AXA | December 22, 2014 | Kenneth Bialkowski | Priority dispute involving a spousal issue and the criteria applicable to determine whether an individual is the spouse of another |
View Decision Document | ||
Gore v. Co-Operators | August 28, 2006 | Lee Samis | >Occupancy | Occupancy, accident in New York, priority dispute |
View Decision Document | |
Guarantee Company v. State Farm | April 1, 2013 | Kenneth Bialkowski | Priority dispute re dependency |
View Decision Document | ||
Guarantee v. State Farmand ING | September 9, 2011 | Lee Samis | Priority dispute – Completed Application determined not to be one of the rare cases where there is deemed to be receipt of a Completed Application without a signed OCF 1 |
View Decision Document | ||
GuaranteeCompany v. Wawanesa and Zurich | May 7, 2010 | Lee Samis | Was Claimant a dependent on the CAS? Can a person be dependent on anyone other than a natural person? |
View Decision Document | ||
Economical v. Belair | May 2, 2006 | Lee Samis | Notice and whether insurance company can dispute its obligations in view of notice if given or not given, priority dispute |
View Decision Document | ||
Economical v. Royal | August 11, 2011 | Lee Samis | >Loss Transfer | Loss Transfer The incident should not take into account antecedent events that are not the proximate cause of the loss |
View Decision Document | |
Economical (Donnelly) v. Unifund | July 16, 2018 | Kenneth Bialkowski | View Decision Document | |||
Economical (McGuigan) v. Zurich & Old Republic | November 30, 2017 | Kenneth Bialkowski | >Loss Transfer | View Decision Document | ||
Economical v. ACEINA | December 1, 2011 | Vance Cooper | Priority dispute re Workplace Safety and Insurance Act Tribunal |
View Decision Document | ||
Dobkinav. Commercial Union | September 27, 2000 | William Renahan | Assessment of Expenses and Order |
View Decision Document | ||
Dominion (Buswa) v. The Personal | March 29, 2018 | Kenneth Bialkowski | View Decision Document | |||
DOMINION (Rupolo) v. STATE FARM | June 26, 2015 | Kenneth Bialkowski | >Insured Person | View Decision Document | ||
Dominion v. Axa and MVACF | March 31, 2014 | Kenneth Bialkowski | Obligation of first insurer to receive completed Application and to conduct reasonable priority investigation prior to putting MVACF on notice |
View Decision Document | ||
Dominion v. Kingsway | January 5, 2000 | Lee Samis | , with /Kingsway_v__Dominion,_Jan__11,_2000__Sachs,_J__on_appeal_.pdf Fault Determination Rules, nature of “Loss Transfer”, automobile “Involved” in accident. Decision upheld on appeal |
Judgment of H. Sachs, J. on appeal dated Jan. 11, 2000 (upheld | View Decision Document | |
Dominion v. Lombard | September 11, 2013 | Kenneth Bialkowski | S.3 (7) (f) SABS – “Regular Use” and “Deemed Named Insured”, insured by reason of “being specified in the policy” and election provisions of S.59 SABS |
View Decision Document | ||
Dominion v. MVACF | July 17, 2013 | J. Stinson | >Dependency | View Decision Document | ||
Dominion v. Wawanesa | September 17, 2004 | Lee Samis | >Dependency | View Decision Document | ||
Dominionv. Zurich | July 16, 1997 | Stephen Malach | View Decision Document | |||
Echelon (Soleimani – Deilamani) v. Unifund | July 24, 2018 | Kenneth Bialkowski | View Decision Document | |||
Echelon (Soleimani-Deliamani) v. Unifund | December 16, 2019 | Kenneth Bialkowski | View Decision Document | |||
Echelon v. Co-operators | March 2, 2018 | Lee Samis | View Decision Document | |||
Economical (Belhumeur) v. Intact | July 31, 2019 | Kenneth Bialkowski | View Decision Document | |||
ECONOMICAL (Clarke)_UNIFUND | June 23, 2016 | Kenneth Bialkowski | View Decision Document | |||
Chubb Insurance v. Aviva and Intact | November 11, 2013 | Kenneth Bialkowski | >Dependency >Regular Use | View Decision Document | ||
Citadel v. Pembridge | May 25, 2006 | Lee Samis | >Dependency | Dependency and whether person is “Spouse” within meaning of SABS |
Costs and Interest Award dated July 4, 2006 | View Decision Document |
Co-operators (Anderson) v. TD, Royal & Intact | December 11, 2018 | Kenneth Bialkowski | View Decision Document | |||
CO-OPERATORS (Cundle)_DOMINION | October 23, 2015 | Kenneth Bialkowski | >Loss Transfer | View Decision Document | ||
Co-operators (Horan).Axa | August 13, 2015 | Kenneth Bialkowski | >Dependency | View Decision Document | ||
Co-operators Anderson v. TD, Royal and Intact | May 16, 2017 | Kenneth Bialkowski | View Decision Document | |||
Co-Operators v. Cigna | August 14, 1997 | Lee Samis | >Named Insured | View Decision Document | ||
Co-Operators v. Halifax | December 14, 2001 | Lee Samis | >Dependency | View Decision Document | ||
Co-Operators v. ING | May 2, 2006 | Lee Samis | >Dependency | View Decision Document | ||
Co-operators v. Pembridge | June 25, 2015 | Lee Samis | >Dependency | View Decision Document | ||
Co-Operators v. Perth, Aviva, Intact and TD | February 3, 2015 | Kenneth Bialkowski | Preliminary issues re s. 7_3_ of Ontario Reg. 283/95 re1 year time limitation to initiate priority dispute arbitration after serving Notice and the requirement in s. 8_2_(5) of Ontario Reg. 283/95 of completing such arbitration within 2 years |
View Decision Document | ||
Co-Operators v. Royal | August 29, 1996 | Lee Samis | >Occupancy | View Decision Document | ||
Co-operators v. Unifund | October 26, 2017 | Lee Samis | View Decision Document | |||
Co-Operators v. Wawanesa and Chartis | November 15, 2013 | Kenneth Bialkowski | Costs decision re what costs a second party insurer is entitled to recover from a first party insurer in a priority dispute where the claim of the first party insurer is withdrawn before a first pre-arbitration teleconference is even had, and who should pay arbitrator costs |
View Decision Document | ||
Co-Operators v. Zurich | August 13, 1999 | Jay Rudolph | , with /Zurich_v__Co-Operators,_Aug__13,_1999__Madam_Justice_Speigel_.pdfDoes death constitute a “Physical Injury”? |
Appeal of Madam Justice Speigel dated Aug. 13, 1999, including further endorsement dated Oct. 18, 1999 Aug. 13, 1999 appeal, Oct. 18, 1999 endors. | View Decision Document | |
Co-Operators v. Zurich/ING | May 11, 2005 | Lee Samis | >Dependency | View Decision Document | ||
Commercial Union v. Boreal Property | December 21, 1998 | Philippa Samworth | What is the extent of production required between two insurers in a loss Transfer matter pursuant to s. 275 of the Insurance Act? |
View Decision Document | ||
Commonwell (Sparks) v. Certas | February 24, 2020 | Kenneth Bialkowski | View Decision Document | |||
Continental v. Sovereign | June 3, 2013 | Kenneth Bialkowski | >Regular Use | View Decision Document | ||
Coseco v. ING | July 21, 2010 | Lee Samis | >Dependency | Dependency status and determination of whether ING is obliged to accept priority responsibility for SABS |
View Decision Document | |
Aviva Insurance v. Gore Mutual and Jevco Insurance | March 29, 2017 | Lee Samis | >Priority Dispute | View Decision Document | ||
AVIVA v SOVEREIGN | January 27, 2016 | Lee Samis | View Decision Document | |||
Aviva v. Continental | September 17, 2010 | Bruce Robinson | >Dependency | View Decision Document | ||
AXA v. Belair Direct | September 1, 2005 | Kenneth Bialkowski | Physical connection to vehicle insured/element of control over vehicle, priority dispute |
View Decision Document | ||
AXA v. CNA | July 22, 2011 | Lee Samis | >Loss Transfer | Loss Transfer, recoverability, interest and costs |
View Decision Document | |
AXA v. Co-Operators | May 3, 2001 | Jay Rudolph | Was notice of dispute properly given? |
Endorsement of Nordheimer, J. on appeal dated May 3, 2001 May 3, 2001 endors. | View Decision Document | |
AXA v. ING | May 25, 2006 | Lee Samis | >Named Insured >Regular Use | View Decision Document | ||
AXA v. Loblaw | October 13, 2011 | Kenneth Bialkowski | Involved vehicle |
View Decision Document | ||
BELAIR (Aguiar) v. CHEROKEE, ZURICH & AIG | May 2, 2017 | Kenneth Bialkowski | >Loss Transfer | View Decision Document | ||
Belair (Aguiar) v. Zurich et al. | July 24, 2017 | Kenneth Bialkowski | >Loss Transfer | View Decision Document | ||
Belair (Zheng) v. State Farm | October 21, 2017 | Kenneth Bialkowski | View Decision Document | |||
Belair v. Economical | January 2, 2018 | Lee Samis | >Loss Transfer | View Decision Document | ||
CAA (Soloway). TRAVELERS | February 27, 2017 | Kenneth Bialkowski | View Decision Document | |||
Canada Life v. Progressive | December 2, 2004 | Lee Samis | Limitation period for bringing claim against second party insurer, loss Transfer |
View Decision Document | ||
CERTAS (Stuckless) v. ACE INA | December 22, 2016 | Kenneth Bialkowski | View Decision Document | |||
Certas Direct (The Personal) v. Security National | February 2, 2012 | Kenneth Bialkowski | Notice and time limitation requirements imposed on a second tier insurer and the issue as to what constitutes an effective cancellation of a motor vehicle policy of insurance |
View Decision Document | ||
Certas Direct v. Security National | August 9, 2018 | Lee Samis | View Decision Document | |||
CERTAS DIRECT v. WAWANESA | January 25, 2017 | Lee Samis | View Decision Document | |||
Certas v. CGU/Aviva | December 5, 2005 | Lee Samis | What is effect of contractual arrangements between Claimant’s father and his insurer on the availability of SABS to the Claimant? |
View Decision Document | ||
Chubb (Ekstein) v. Continental | April 4, 2018 | Kenneth Bialkowski | View Decision Document | |||
Allstate v. Allianz | March 7, 2005 | Lee Samis | >Dependency | View Decision Document | ||
Allstate v. Belair | April 25, 2013 | Kenneth Bialkowski | Priority dispute re 90 day notice period |
View Decision Document | ||
Allstate v. Boreal | October 6, 1995 | Lee Samis | >Insured Person | View Decision Document | ||
Allstate v. ING | August 18, 2011 | Lee Samis | >Dependency | Dependency – Timeframe for assessment for person resident elsewhere, in MVA while visiting family in Canada |
View Decision Document | |
Allstate v. Liberty | August 29, 1995 | Lee Samis | >Named Insured | View Decision Document | ||
Allstate v. State Farm | October 30, 1996 | Jay Rudolph | View Decision Document | |||
AVIVA (Ali)_SECURITY NAT’L | January 4, 2016 | Kenneth Bialkowski | View Decision Document | |||
Aviva (Chalhoub) v. Intact | February 27, 2018 | Kenneth Bialkowski | View Decision Document | |||
Aviva (Jorge) v. Echelon | July 28, 2018 | Kenneth Bialkowski | View Decision Document | |||
Aviva (Morrison) v. Wawanesa & Gore | September 25, 2019 | Kenneth Bialkowski | >Loss Transfer | View Decision Document | ||
AVIVA (Tassone) v. WAWANESA | May 2, 2017 | Kenneth Bialkowski | >Loss Transfer | View Decision Document | ||
AVIVA (Tassone)_WAWANESA DECISION | September 21, 2015 | Kenneth Bialkowski | >Loss Transfer | View Decision Document | ||
ACE v. Intact | August 22, 2011 | Lee Samis | Priority dispute – Insurer not exempted from giving notice within 90 days, not having conducted reasonable investigation |
View Decision Document | ||
ALLSTATE (Eyamie) v. STATE FARM & DOMINION | December 19, 2016 | Kenneth Bialkowski | View Decision Document | |||
Allstate (Lance) v. Gore & MVACF | June 6, 2018 | Kenneth Bialkowski | View Decision Document | |||
Allstate (Lance) v. Gore Mutual & MVACF | July 24, 2017 | Kenneth Bialkowski | View Decision Document | |||
Allstate (Martineau) v. MVACF | April 18, 2017 | Kenneth Bialkowski | View Decision Document | |||
ACE INA (Hussain) v. Economical | April 12, 2017 | Kenneth Bialkowski | View Decision Document | |||
ACE INA (Shah) v. State Farm | May 24, 2017 | Kenneth Bialkowski | View Decision Document | |||
Ace of America v. Security National | March 11, 2011 | Kenneth Bialkowski | 90 day limitation period re priority dispute claims and the interpretation of s. 3 – Disputes Between Insurers |
View Decision Document |