Statutory Accident Benefits

Every lawyer at our Firm practices in Statutory Accident Benefits, including loss transfer and priority disputes. We are leaders in this area and try jury, non-jury and arbitration cases, and appear before the Divisional Court and the Court of Appeal. We defend all types of matters, including catastrophic and bad faith claims.

In 1993, Canada Law Book published FSCO Motor Vehicle Insurance Law & Practice by James Flaherty and Catherine Zingg. It includes summaries of cases from FSCO, private arbitrations and the courts, a Table of Special Awards, a chart of Judicial Review decisions and text commentary. After James Flaherty became a Cabinet Minister, Catherine Zingg assumed responsibility for the book. She authors and edits the periodically revised Accident Benefits in Ontario, published by Canada Law Book, and writes the widely read monthly Accident Benefits Newsletter.

Some of our recent advocacy has resulted in decisions concerning costs following arbitration (Klimitz v. Allstate, FSCO, 2014), material misrepresentation (Paperny v. State Farm, FSCO, 2014), catastrophic impairment (P.B. v. State Farm, FSCO, 2013), loss transfer payment (Jevco v. Economical, Private Arbitration, 2014), definition of accident (Sadozai v. Aviva, FSCO, 2013), the definitive case on the loss transfer limitation period (Federation v. Kingsway, CA, 2012), rules forchange of forum in accident benefit disputes (Gordyukova v. Certas, CA, 2012), priority of payment and time limits (Ontario (Finance) v. Pilot, C.A., 2012), a loss transfer appeal (Markel v. Certas, SCJ, 2011), the non-earner benefits test (N.I. v. Allstate, FSCO, 2010), incident not an accident (Wong v. St. Paul Fire and Marine, FSCO, 2010, and Russo v. The Personal, CA, 2009), dual decisions on theright to insurance examinations (State Farm v. Ramalingam and Certas v. Gonsalves, Div. Crt., leave to appeal to CA refused), limitation period for IRB (Kanapathipillai v. Personal, FSCO, 2009), priorities that lead to a change in the Regulation (Allstate v. MVACF, CA, 2007), and the scope of the accident benefit Examination Under Oath (Aviva v. Balvers, SCJ, 2007).