Last blog added on Tuesday, January 24th, 2023

Information About SBA Insurance Law Blog

Recent Posts

Below is a preview of the five most recent posts from the blog SBA Insurance Law Blog. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!

  • ONCA: No “trial within a trial” in the duty to defend

    Special thanks to SBA articling student Ethan Edwards for his invaluable research and assistance writing this blog. The Ontario Court of Appeal recently considered the traditional pleadings rule and found that the duty to defend cannot be ousted by use of premature evidence, that being evidence that … Read more »

  • Civil Machines: The Current State of Autonomous Vehicle Liability*

    In 2016, automobile manufacturers predicted that autonomous vehicles (“AVs”) would hit the road for wide consumer use as early as 2021. It is now 2022 and human operated vehicles still rule the road. Although the reasons for delay are not particularly clear, it is apparent that AVs still have a long … Read more »

  • ONCA Wraps Up Wrap Up Policy Coverage Dispute

    Recently, the Ontario Court of Appeal considered an insurer’s duty to defend in the context of a specific project wrap up liability policy. The decision did not include any ground-breaking principles, but it clarified a few points that may be critical to insurers and insureds alike. Background The a … Read more »

  • No ambiguity: EI benefits are deductible from IRBs

    The Divisional Court has recently weighed in on the deductibility of EI benefits from an income replacement benefit owing to an insured person after an accident. The Court held that all EI benefits are deductible as “gross employment income”. Section 4(1) of the SABS states that, for the purpose of … Read more »

  • Priority Disputes 101: The Claimant

    In SABS Priority Disputes 101: Help!, and SABS Priority Disputes 101: Reflection on Deflection, I discussed that the purpose of Ontario’s priority dispute scheme is to ensure an injured claimant receives timely benefits despite any priority disputes between insurers. A priority dispute takes place i … Read more »