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ADMINISTRATIVE LAW | SPPA / Fairness (Administrative)

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Civil and Administrative
Litigation Opinions
for Self-Reppers


Insurance - Auto - General

. Co-Operators Insurance Company v. Bennett

In Co-Operators Insurance Company v. Bennett (Div Court, 2023) the Divisional Court cites authority for auto insurance law being a form of consumer legislation:
[29] Moreover, the LAT’s interpretation is consistent with the consumer protection objective of insurance legislation: Smith v. Co-operators General Insurance Co. 2002 SCC 30 at para. 11.
. Johnson v. Jevco

In Johnson v. Jevco (Div Ct, 2021) the Divisional Court set out some basics of auto insurance law in Ontario:
[7] The appeal concerns the meaning and interpretation of the insurance contract (policy) entered into by the parties to this appeal. In Ontario, the owners and lessees of motor vehicles are required, by law not to operate or to permit a motor vehicle to be operated unless it is insured.[10] Insurance is a regulated industry. The Insurance Act contains provisions directed to “Insurance Contracts in Ontario”[11]and specifically to “Automobile Insurance”.[12] Under the Insurance Act the “Chief Executive Officer” (formerly the Superintendent of Financial Services) is authorized “to approve the form of standard policies containing insuring agreements…for use by insurers in general.”[13] The “Ontario Automobile Policy (OAP 1) Owner’s Policy” is a standard form that was approved by the Superintendent. When the Ontario Automobile Policy is combined with a completed and signed Application for Automobile Insurance and a Certificate of Automobile Insurance, a contract of insurance is created between the customer and the insurer.[14] ...


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Last modified: 10-02-24
By: admin