Duncan v. Travelers Insurance Company of Canada (May 30, 2024, Vice-Chair Avril Farlam). Successful reconsideration appeal involving post 104 week IRB entitlement. Reconsideration appeal dismissed.

Duncan v. Travelers Insurance Company of Canada (January 4, 2024, LAT Adjudicator). Successful LAT dispute involving post 104 week IRB entitlement. Entitlement to post 104 week IRB benefits denied.

Allstate Insurance Company of Canada v. State Farm Mutual Automobile Insurance Company (January 5, 2021, Arbitrator Jones). Successful priority dispute involving the one-year limitation to commence arbitration. Arbitration dismissed.

Wawanesa Mutual Insurance Company v. ACE INA Insurance Company (January 8, 2020, Arbitrator Bialkowski). Successful priority dispute involving interpretation of Excluded Driver Endorsement. Arbitrator found claimant to be an “insured person” under a policy notwithstanding the execution of an Excluded Driver Endorsement. Opposing insurer ordered to pay costs.

Certas Home and Auto Insurance Company v. Unifund Assurance Company (February 28, 2019, Arbitrator Bialkowski). Successful priority dispute involving proof of service by fax on opposing insurer within 90 days of receipt of OCF-1. Opposing insurer ordered to pay costs. Client entitled to reimbursement in respect of SABS payout.

The Dominion of Canada General Insurance Company v. Unifund Assurance Company, 2018 ONCA 303. Successful Court of Appeal decision interpreting s. 4 of the priority dispute regulations relating to claimant notification.

State Farm Mutual Automobile Insurance Company v. TD Home & Auto Insurance Company (May 18, 2016, Arbitrator Bialkowski, affirmed December 22, 2016, 2016 ONSC 6229, Stinson J.) Successful priority decision in dispute involving brain injured claimant. Opposing insurer ordered to pay full indemnity costs owing to acts of deflection.

Dominion of Canada General Insurance Company v. Intact Insurance Company, 2015 (ON SC 3689). Successful defence of priority appeal in dependency dispute. Appeal dismissed.

Ghazi-Hosseini v. State Farm Mutual Automobile Insurance Company (September 25, 2015, FSCO File No: A13-004378). Successfully defended FSCO arbitration for non-earner, attendant care and housekeeping/home maintenance benefits. Arbitration dismissed with costs. The Guarantee Company of North America v. ACE INA Insurance Company (October 10, 2014, Arbitrator Novick). Successful priority decision concerning “rental for more than 30 days” provisions of the SABS. Arbitration dismissed with costs.

Jevco Insurance Company v. Dominion of Canada General Insurance Company (September 23, 2014, Arbitrator Novick). Successful defence in loss transfer dispute. Opposing insurer had paid benefits without evidence of an “incurred expense”. Loss transfer indemnity disallowed.

Dominion of Canada General Insurance Company v. Intact Insurance Company (July 28, 2014, Arbitrator Novick). Successful priority decision involving dependency. Arbitrator accepts claimant is dependent upon his parents although not residing with them.

Dominion of Canada General Insurance Company v. Lombard Insurance Company (Ont. S.C.J., Court File No: CV-13-489627, March, 2014). Successful defence of appeal leave application after successful priority decision. Application dismissed with costs.

Dominion of Canada General Insurance Company v. Motor Vehicle Accident Claims Fund (March 31, 2014, Arbitrator Bialkowski). Successful priority decision. Motor Vehicle Accident Claims Fund ordered to adjust AB claim and reimburse applicant.

Workplace Safety and Insurance Appeals Tribunal, Decision 593/13, (ON WSIAT 743). Successful Appeals Tribunal ruling that claimant in the course of employment and prevented from bringing an action, resulting in bar to AB claim.

Dominion of Canada General Insurance Company v. Lombard Insurance Company et. al. (September 11, 2013, Arbitrator Bialkowski). Successful priority decision involving brain injured claimant. Arbitrator accepts that work related vehicle was being made available “at the time of the accident” although claimant out of country and not using vehicle at the time.

The Personal Insurance Company of Canada v. Dominion of Canada General Insurance Company (June 28, 2013, Arbitrator Novick). Successful defence of priority arbitration. Arbitrator agrees that the claimant was an “occupant” of a vehicle although not physically situate within the vehicle.

Motor Vehicle Accident Claims Fund v. Portage La Prairie Mutual Insurance Company (March 21, 2013, Arbitrator Novick). Successful defence of priority arbitration on grounds that the Fund did not provide timely notice of the dispute. Arbitration dismissed with costs.
Workplace Safety and Insurance Appeals Tribunal, Decision 1694/11 (ON WSIAT 2155). Successful Appeals Tribunal decision. Claimant found to be a “worker” although returning from a golf outing. Claimant not entitled to commence a tort action, and not entitled to accident benefits as a result.

Lloyd’s Underwriters v. Dominion of Canada General Insurance Company (2008), 89 O.R. (3d) 509 (Ont. S.C.J.). Successful limitation appeal in loss transfer dispute involving serious closed head injury claimant.

Dominion of Canada General Insurance Company v. Lloyd’s of London (May 16, 2007, Arbitrator Robinson). Successful loss transfer dispute involving over $275,000.00 in loss transfer indemnity. Successful prosecution against limitation defence.

Cervo v. State Farm Mutual Automobile Insurance Company (2006), 83 O.R. (3d) 205 (C.A.). Successful defence of appeal at Court of Appeal from AB dismissal. Appeal dismissed with costs.

Cervo v. Raimondo and State Farm Mutual Automobile Insurance Company, 2005 CanLII 14572 (ON SC). Successful motion to dismiss entirety of AB claim owing to delay.

Shipman v. Dominion of Canada General Insurance Company (2004), 73 O.R. (3d) 144 (C.A.). Successful Ontario Court of Appeal decision concerning uninsured motorist protection and excluded drivers.

Coulter v. Teskey Construction Company Ltd. 2003 CanLII 3298 (ON SC). Successful defence of 8 day tort trial. Injuries do not meet threshold. Action dismissed with costs.

Royal & SunAlliance Insurance Company v. Axa Insurance Company (November 21, 2003, Arbitrator Robinson). Successful loss transfer decision. Opposing insurer ordered to fully reimburse client for 100% of appropriate payments made.

Sandhu v. Wellington Place Apartments (September 16, 2003, ON SC). Successful defence of appeal from Order allowing defence medical examination.

Workplace Safety and Insurance Appeals Tribunal, Decision 725/02 (ON WSIAT, 1682). Successful Appeals Tribunal decision concerning right to bring tort action.

Lelis v. Peel Mutual Insurance Company (July 10, 2002, ON SC). Successful dismissal of AB action on basis of application to other insurer. Costs awarded if demanded.

Kingsway General Insurance Company v. Dominion of Canada General Insurance Company (January 11, 2000, ON SC). Successful defence of appeal from loss transfer arbitration decision concerning Fault Determination Rules.

Dominion of Canada General Insurance Company v. Zurich Insurance Company (September 27, 1999, Arbitrator Robinson). Successful priority decision involving dependency. Opposing insurer found to be priority insurer.

Dominion of Canada General Insurance Company v. Kingsway Insurance Company (August 23, 1999, Arbitrator Samis). Successful loss transfer decision concerning applicability of Fault Determination Rules.

Doussept v. Canada Post Corporation, 1998 CanLII 6864 (Ont. C.A.). Successful defence at Ontario Court of Appeal concerning indemnification agreement in tort action. Appeal dismissed with costs.

Christakos v. Dominion of Canada General Insurance Company [1997] O.J. No 1279 (ON SC). Successful motion to determine AB jurisdiction (FSCO vs. Court).

Dominion of Canada General Insurance Company v. Motor Vehicle Accident Claims Fund (November 10, 1997, Arbitrator Samis). Successful priority decision against Motor Vehicle Accident Claims Fund. Client entitled to costs, and reimbursement of accident benefit payments.

Kahsay v. Mesic (July 7, 1995, ON SC, Court File No: 92-CU-63680-CM). Successful motion to dismiss tort action for failure to meet threshold.