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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The Court of Appeal dismissed an appeal from an order holding that the two year limitation period for bringing a claim against one's own insurer under an underinsured motorist endorsement starts to run when the insured first makes a claim for compensation under the endorsement.

Schmitz (Litigation guardian of) v. Lombard General Insurance Co. of Canada, [2014] O.J. No. 531, February 4, 2014, Ontario Court of Appeal, A. Hoy A.C.J.O., E.A. Cronk and G.J. Epstein JJ.A.

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The court reviewed and clarified the definition of a "dependent" under the Statutory Accident Benefits Schedule.

Security National Insurance Co. v. Wawanesa Mutual Insurance Co., [2013] O.J. No. 5661, December 9, 2013, Ontario Superior Court of Justice, E.M. Morgan J.

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The schedule or list of vehicles required under a fleet policy is not an "amendment" to an insurance policy. Relief from forfeiture relates to a proof of loss and is not an available remedy unless coverage has first been established.

Northbridge General Insurance Corp. v. 943240 Alberta Ltd., [2013] A.J. No. 1453, December 31, 2013, Alberta Court of Queen's Bench, J.T. McCarthy J.

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Appeal of a finding that the lessee of a vehicle was the "owner" of the vehicle by virtue of the definition of "owner" under the Motor Vehicle Act such that the defendant driver was not an additional insured. Appeal dismissed. Although it was doubtful the lessee was an "owner" under the policy wording, the vehicle was licensed in the lessee's name and the defendant driver was not an additional insured.

Lombard General Insurance Co. of Canada v. Canadian Direct Insurance Inc. [2013] B.C.J. No. 2673, December 5, 2013, British Columbia Court of Appeal, P.D. Lowry, D.M. Smith and E.A. Bennett JJ.A.

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The Court of Appeal considered whether the addition of the words "compensation similar to benefits" to section 106 of the Insurance (Vehicle) Regulation changed the meaning of section 106 such that compensation in the form of sick bank accumulation should be deducted from damages awarded for past income loss. The Court found that the words "compensation similar to benefits" did not remove the element of insurance from a plain reading of the section. The accumulation of sick leave credits does not involve an element of insurance. Accordingly, sick banked time is not deductible.

Jordan v. Lowe [2013] B.C.J. NO. 2647, December 3, 2013, British Columbia Court of Appeal, R.T.A. Low, C.E. Hinkson and D.C. Harris JJ.A.

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