A clause excluding coverage for damage arising out of the operation of attached equipment did not apply where the equipment was in use but not being directly controlled at the time of the accident.

Dadey v. Insurance Corp. of British Columbia, [2014] B.C.J. No. 2118, August 15, 2014, British Columbia Supreme Court, R.W. Jenkins J.

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Contrary to the trend towards tolerancy in setting aside default judgments, an insurer's motion to set aside default judgment was dismissed.

Kisel v. Intact Insurance Co., [2014] O.J. No. 3812, August 18, 2014, Ontario Supreme Court of Justice, P.M. Perrell J.

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A farmer’s action for damages for bodily injuries and accident benefits arising out of an accident that occurred while he was driving an uninsured all-terrain vehicle on a public road was statute barred by virtue of the operation of Ontario’s 267.6(1) of the Insurance Act and s. 30(1)(a) of the Statutory Accident Benefits Schedule. Although it was exclusively used as a farming vehicle, the ATV did not qualify as a self-propelled implement of husbandry and therefore did not fall within an exception to the compulsory motor vehicle insurance scheme in the province.

Matheson v. Lewis, [2014] O.J. No. 3304, July 11, 2014, Ontario Court of Appeal, R.G. Juriansz, M.H. Tulloch and G.R. Strathy JJ.A.

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The existance of subrogated action in insured's name in Alberta for property damage was not a bar to insured's claim for personal injuries in Ontario.

Kelly v. Horn, [2014] O.J. No. 2872, June 16, 2014, Ontario Superior Court of Justice, F.N. Marrocco A.C.J.S.C.J., A.C.R. Whitten and Thomas JJ.

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Ontario court did not have jurisdiction to hear a claim brought by a plaintiff who was involved in a motor vehicle accident in Alberta, notwithstanding that one of the defendants was her insurer who issued a policy to her in Ontario.

Tamminga v. Tamminga, [2014] O.J. No. 2915, June 18, 2014, Ontario Court of Appeal, R.G. Juriansz, M.H. Tulloch and G.R. Strathy JJ.A.

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An insurer was time barred from bringing a loss transfer claim against a second insurer by operation of the doctrine of laches.

Zurich Insurance Co. v. TD General Insurance Co., [2014] O.J. No. 2550, May 27, 2014, Ontario Superior Court of Justice, S.N. Lederman J.

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The principle that a claim for indemnification does not arise, and therefore does not trigger the running of the limitation period, until a request for indemnification is made does not apply if s. 18 of the Limitation Act also applies.

Old Republic Insurance Co. of Canada v. Aviva Canada Inc., [2014] O.J. No. 2580, May 28, 2014, Ontario Superior Court of Justice, S.N. Lederman J.

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A release signed by a plaintiff participating in a zip line activity did not defeat the plaintiff's claim for injuries sustained in a motor vehicle collision on the defendant zip line operator's bus travelling from the zipline area. The release was contrary to public policy, which did not allow an owner/operator of a motor vehicle to contract out of liability for damages for injuries sustained in a motor vehicle accident.

Niedermeyer v. Charlton [2014] B.C.J. No. 763, April 30, 2014, British Columbia Court of Appeal, E.A. Bennett, N.J. Garson, and C.E. Hinkson JJ.A.

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Insurer's notice of termination of benefits under Statutory Accident Benefits Schedule was not properly given because procedure requirements not followed.

Roger v. Personal Insurance Co. of Canada, [2014] O.J. No. 1575, April 1, 2014, Ontario Superior Court of Justice, C.D. Aitken J.

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The insured was in a motor vehicle accident at a time when her driver’s license was expired. The insured was entitled to be relieved from forfeiture for non-compliance with the statutory condition and the insurer had a duty to defend the motor vehicle accident action and indemnify the insured for liability.

Kozel v. Personal Insurance Co., [2014] O.J. No. 753, February 19, 2014, Ontario Court of Appeal, M. Rosenberg, J.C. MacPherson and H.S. LaForme JJ.A.

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