Accident Benefits

Statutory Accident Benefit Claims and Judicial Review: SCC Grants Leave in Yatar v TD Insurance

In Yatar v TD Insurance Meloche Monnex, 2022 ONCA 446 [Yatar], the Ontario Court of Appeal (“ONCA”) considered the scope of appellants’ right to the remedy of judicial review in cases regarding disputes over statutory accident benefit claims. After considering the relevant factors, it concluded that courts should only grant judicial reviews sparingly in the […]

Economical Mutual v Caughy: The Meaning of “Accident” in the Insurance Context

Economical Mutual Insurance Company v Caughy, 2016 ONCA 226 [Caughy] is the latest decision in the ongoing conflict between the prerogative of automobile accident insurers to deny coverage when faced with ambiguity over statutory definitions, on the one hand, and the need to uphold coverage where ambiguous cases are coupled with serious debilitating injuries. In […]