An air compressor towed behind a modified truck is not a “trailer” and is therefore not to be included as a component of the vehicle’s weight. Because the truck could not be classified as a “heavy commercial vehicle” subject to a loss transfer claim, the appeal of an arbitrator’s decision regarding a “loss transfer” claim for statutory benefits paid by one insurer to another in respect of an MVA was dismissed.

23. June 2004 0
Royal Insurance Company v. Wawanesa Mutual Insurance Company, [2004] O.J. No. 2924, Ontario Superior Court of Justice

This was an application by the Insurance Corporation of British Columbia for a declaration pursuant to the Bankruptcy and Insolvency Act that a judgment against a driver for an intentional act of violence by means of a vehicle survives the discharge provisions of the Act. The court held that section 178 of the Act, which states that a judgment for damages similar in nature to a fine, penalty or restitution order was immune from discharge under the Act, applied, and the judgment debt to ICBC therefore survived the respondent’s bankruptcy.

14. June 2004 0
Sangha (Re), [2004] B.C.J. No. 1211, British Columbia Supreme Court

The Court of Appeal upheld a trial decision holding that an insurer (“Royal”) was entitled to rely on an exclusion clause denying coverage for “loss or damage resulting from the intentional or criminal acts of … any person insured by this policy” where the insured homeowner’s (“Torchia’s”) husband committed arson in destroying Torchia’s home. The court rejected the argument that the wording of the exclusion clause was ambiguous and could be interpreted to only exclude losses suffered by the person committing the act.

03. June 2004 0
Torchia v. Royal & SunAlliance Insurance Co. of Canada, [2004] O.J. No. 2316, Ontario Court of Appeal

The operator of the SkyDome (“Sportsco”) was successful in obtaining a declaration that its insurer under a CGL policy (“ING”) had an obligation to defend Sportsco in an action commenced by the Toronto Blue Jays baseball team arising from damage to SkyDome’s retractable roof allegedly caused by the negligence of Sportsco which resulted in the cancellation of a baseball game.

ING Insurance Co. of Canada v. Sportsco International L.P., [2004] O.J. No. 2254 Ontario Superior Court of Justice

In order to deny first party benefits under an insurance policy on the basis that the insured attempted to commit suicide, the insurer must overcome the common law presumption against the commission of suicide. Overcoming this presumption requires the insurer to establish, with clear and unequivocal evidence, that the insured committed or attempted to commit suicide.

Huber (Guardian ad litem of) v. Insurance Corp. of British Columbia, [2004] B.C.J. No. 903, British Columbia Supreme Court

Laforme was involved in a single motor vehicle accident while driving his girlfriend’s uninsured motor vehicle. Laforme’s action seeking a declaration of entitlement to statutory accident benefits against the insurer of his father’s motor vehicle (“Wabisa”) was dismissed because the court found that Laforme was not a dependent of his father at the time of the accident.

28. April 2004 0
Laforme v. Wabisa Mutual Fire Insurance Co., [2004] O.J. No. 2025 Ontario Superior Court of Justice