On March 7, 2024, D’Arcy McGoey presented at the Canadian Defence Lawyers Loss Transfer and Priority Disputes Webinar on the issue of Extra-Provincial Loss Transfer Claims. Topics of discussion included availability of Loss Transfer for Ontario insurers involving out of province accidents, and Loss Transfer exposure to out of province insurers for Ontario accidents.
Along with the recent case law (including TGP’s recent successful priority arbitration decision in Chubb Insurance Company of Canada v. Zenith Insurance Company Ltd.), the Power of Attorney and Undertaking was discussed as well as the implications of section 45 of the Ontario Insurance Act.