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Who Pays First? The Rise of the Priority Flip in Automobile Insurance

Click here to download a PDF of this article. It is well established that the owner of an automobile is vicariously liable for the negligence of those who drive the vehicle with the owner’s consent. Further, insurance legislation across Canada recognizes that more than one insurance policy may cover a particular loss. When multiple…

ONCA Confirms Insurers Must Bear Their Own Pre-Arbitration Costs Absent Deflection

In the recent decision of Echelon General Insurance Company v. Unifund Assurance 2025 ONCA 324, the Ontario Court of Appeal allowed Unifund’s appeal settling the issue over whether arbitrators deciding priority disputes under Regulation 283 may routinely order one insurer to reimburse another insurer for its pre-arbitration expenses, outside of situations where s. 2.1(7) of Regulation…

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