Archives

August 17, 2017 – Aviva Insurance Company of Canada v McKeown, 2017 ONCA 563 – This case resulted from an appeal from Aviva Insurance Company of Canada (“Aviva”) regarding notice an insurer must provide to examine under oath (“examination) an applicant claiming benefits under the Statutory Accident Benefits Schedule – O. Reg 34/10 (the “Schedule”). At issue was whether the...

July 17, 2017 – Intact Insurance Company v. Allstate Insurance Company of Canada, 2016 ONCA 609 In this case, Ms. Paula Chartrand had commenced a long-distance relationship with Mr. Kyle Houghton. As the relationship progressed, Ms. Chartrand decided to leave her husband and move from Sudbury, Ontario with her two daughters to Sarnia, Ontario to live with Mr. Houghton. The...

July 17, 2017 – Echelon General Insurance Co. v. Ontario (Minister of Finance), 2016 ONSC 5019.  The insured purchased a six month automobile insurance policy in December 2008.  Just ten days later Echelon purported to cancel the policy due to non-payment of premiums.  The notice was not valid in accordance with the Insurance Act (“Act”).  In May 2010 the insured...

June 15, 2017 – Aviva Insurance Company of Canada v. McKeown et al., 2016 ONSC 6017 This application, brought by the insurer, was a test case on the issue of whether a justification is required to compel a person claiming statutory accident benefits to attend at an examination under oath if the insurer requests one pursuant to subsection 33(2) of Statutory...