Making the Case

Insights, opinions and thoughts from the Singer Kwinter legal team.

Ontario Trial Lawyers Association Case Summaries – December 10, 2018

Nga Dang
Grey line

Singer Kwinter’s Nga Dang highlights important facts and outcomes in the Ontario Courts.

Case summary originally distributed in OTLA December 9, 2018 newsletter.

Aviva Canada Inc. v. Sidhu, 2018 ONSC 6506 (CanLII)

As a result of a motor vehicle accident in 1996, Mr. Sidhu received IRBs until September 1996 when Aviva sent him a letter stating that he was not entitled to further benefits. The letter noted that mediation was the next step and included a copy of section 64 of the Statutory Accident Benefits Schedule – Accidents after December 31, 1993 and Before November 1, 1996.

In June 2014, Mr. Sidhu applied to mediate his entitlement to benefits. The mediation failed. In October 2014, Mr. Sidhu applied for arbitration at FSCO. Arbitrator Tanaka found that Mr. Sidhu’s claim for IRBs was not statute barred because the contents of the notices did not meet the requirements set out in Smith v. Co-operators General Insurance Company, [2002] S.C.R. 129, which requires that the insurer inform the insured of the dispute resolution process and the applicable time limits in straightforward and clear language. Aviva’s appeal was dismissed by Delegate Rogers. Aviva applied to the Divisional Court for judicial review.

On appeal, Aviva conceded that its notices do not meet the Smith requirements, but argued that courts have taken a more contextual approach since Smith. The Divisional Court found that given the requirements of Smith and Aviva’s concession that its notice did not meet the Smith requirements, it was reasonable for the Delegate to hold that the limitation period had not started to run. The application was dismissed.

Please click here to read more about this important case.

The content of this article or blog posting is of a general nature and does not constitute legal advice. It is not intended to be a full or complete analysis of the topic. Before applying the concepts or any content of this article or blog it is imperative that you consult your legal advisor.

Neither the author of this article or Singer Kwinter can accept any responsibility for financial loss nor gain of any nature should the reader not take advice from their legal advisor.

Recent Blog Posts

  • December 19, 2018 By Nga Dang

    Ontario Trial Lawyers Association Case Summaries – December 16, 2018

    read More »
  • December 12, 2018 By Nga Dang

    Ontario Trial Lawyers Association Case Summaries – December 10, 2018

    read More »
  • December 3, 2018 By Shane H. Katz

    Shane Katz quoted in Law Times

    read More »