Loss Transfer And Priority Disputes

We defend statutory accident benefits claims on behalf of our insurer clients, both through the court system and through private arbitration.

Our loss transfer and priority dispute practice group has specialized expertise in representing clients in arbitrations involving inter-company disputes that deal with priority issues, which involves the ranking of insurers to pay accident benefits under the Insurance Act. The group also represents clients on loss transfer matters, a mechanism by which automobile insurers that pay no-fault benefits may be reimbursed by another insurer for all or part of an accident benefits claim.

Our practice group co-chairs, Nathalie Rosenthall and Peter Durant, are available to answer any questions you may have on a priority or loss transfer matter.

List of lawyers

Please scroll through the list of our Loss Transfer And Priority Disputes lawyers:

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NATHALIE V. ROSENTHALL

(Partner)
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PETER A. B. DURANT

(Partner)
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WILLIAM SPROULL

(Counsel)
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ERIC K. GROSSMAN

(Partner)
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JENNIFER J. GRIFFITHS

(Partner)
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REBECCA BROWN GREER

(Partner)
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HOOMAN E. ZADEGAN

(Associate)
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ALEXANDER DOS REIS

(Associate)
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JODIE THERRIEN

(Associate)
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LAUREN C. KOLAREK

(Associate)
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ANDREA SEECHARAN

(Associate)
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SIMRAN WALIA

(Associate)

Recent Publications

Loss Transfer and Priority Disputes

Just the Cost of Doing Business: Ontario’s Court of Appeal rules that O. Reg. 283/95 does not allow for the recovery of transactional expenses in priority disputes unless there has been a deflection

JENNIFER J. GRIFFITHS
JENNIFER J. GRIFFITHS
May 05, 2025
Loss Transfer and Priority Disputes

“Regular Use” Gets Expansive Application in Priority Dispute by Noah Beiles

“Regular Use” Gets Expansive Application in Priority Dispute by Noah Beiles
Jul 10, 2023
Loss Transfer and Priority Disputes

Loss Transfer Arbitrator Refuses to Deduct Past Collaterals from Post-65 IRB Calculation

SIMRAN WALIA
SIMRAN WALIA
Oct 24, 2022
Loss Transfer and Priority Disputes

Proving File Mishandling in Loss Transfer Disputes: Arbitrator Bialkowski Weighs in by Julia Cohen

Proving File Mishandling in Loss Transfer Disputes: Arbitrator Bialkowski Weighs in by Julia Cohen
Jun 06, 2022
Loss Transfer and Priority Disputes

Optional Benefits and the Implications on Priority Rules: Continental Casualty Company v. Chubb Insurance Company of Canada (2022 ONCA 188)

Loss Transfer and Priority Disputes

OAP 4 Garage Policies and Road Tests: Who Has Priority?

Loss Transfer and Priority Disputes

The Applicable Standard of Review in Accident Benefits Priority Claims Gets a New Look Due to Vavilov

HOOMAN E. ZADEGAN
HOOMAN E. ZADEGAN
Feb 01, 2021
Loss Transfer and Priority Disputes

Tearing Down Firewalls – An Attack of Fundamental Principles

ERIC K. GROSSMAN
ERIC K. GROSSMAN
Jan 27, 2021
Loss Transfer and Priority Disputes

Dishing the Dirt – Litigating is a Family Matter

MAIA ABBAS
MAIA ABBAS
Nov 12, 2020
Loss Transfer and Priority Disputes

Ontario’s Insurance Laws do not have Extraterritorial Effect

EVAN A. ARGENTINO
EVAN A. ARGENTINO
Jun 30, 2020
Blogs

The “New” Standards for Standard of Review

The “New” Standards for Standard of Review
Feb 18, 2020
Loss Transfer and Priority Disputes

Aviva Insurance Company v Wawanesa Mutual Insurance Company, 2019 ONCA 704: Who is a “lessee” under priority rules?

Loss Transfer and Priority Disputes

The Court’s View of Priority Disputes between Accident Benefit Insurers Providing Basic Mandatory Versus Optional Enhanced Coverages to their Insureds

WILLIAM SPROULL
WILLIAM SPROULL
Jun 25, 2019
Loss Transfer and Priority Disputes

Surprising the Panel at Divisional Court: Barnes v. Motor Vehicle Accident Claims Fund, 2019 ONSC 1782 (CanLII)

EVAN A. ARGENTINO
EVAN A. ARGENTINO
Apr 09, 2019
Loss Transfer and Priority Disputes

No “Do-Overs” For Priority Acceptance By Sophisticated Insurer Litigants: The Case of Pembridge Insurance Co. v. Sovereign General Insurance Co.

No “Do-Overs” For Priority Acceptance By Sophisticated Insurer Litigants: The Case of Pembridge Insurance Co. v. Sovereign General Insurance Co.
Dec 24, 2018
Loss Transfer and Priority Disputes

LICO Approach with Pre-Tax Dollars Applied in Echelon General Insurance Company and Unifund Assurance by Natalie Laing

LICO Approach with Pre-Tax Dollars Applied in Echelon General Insurance Company and Unifund Assurance by Natalie Laing
Aug 13, 2018
Sharing Economy

An Uber Decision: First Priority Arbitration Involving Ridesharing Policy Finds That Uber Policy is Priority Insurer for an Uninsured Passenger’s Accident Benefits Claim

MAIA ABBAS
MAIA ABBAS
May 24, 2018
Loss Transfer and Priority Disputes

Reasonableness Standard Applied by Court of Appeal Even Where Parties Agree to Correctness Standard in Arbitration Agreement

Loss Transfer and Priority Disputes

Court Of Appeal Applies Reasonableness Standard Of Review To Arbitral Decisions Resolving Priority Disputes Between Insurers

PAUL IRISH
PAUL IRISH
Feb 20, 2018
Loss Transfer and Priority Disputes

What Can Priority Learn From Loss Transfer?

MAIA ABBAS
MAIA ABBAS
Dec 21, 2017
Loss Transfer and Priority Disputes

The Opposite of Deflection When it Comes to Loss Transfer Disputes: Primmum Insurance Company v. L’Unique Assurances Générales Inc. 2017 ONSC 5235 by Alex Woo

The Opposite of Deflection When it Comes to Loss Transfer Disputes: Primmum Insurance Company v. L’Unique Assurances Générales Inc. 2017 ONSC 5235 by Alex Woo
Sep 18, 2017
Loss Transfer and Priority Disputes

Application of the Transmission of Force Doctrine in Priority Disputes: Unifund Assurance Co. v. ACE INA Insurance Co, 2017 ONSC 3677 by Amanda Lo Cicero

Application of the Transmission of Force Doctrine in Priority Disputes: Unifund Assurance Co. v. ACE INA Insurance Co, 2017 ONSC 3677 by Amanda Lo Cicero
Jul 05, 2017
Loss Transfer and Priority Disputes

Perfection Is Not Required: ONCA finds that strict compliance with s.227(1) of the Insurance Act Is Not Required For An Excluded Driver Endorsement by Danielle Malone

Perfection Is Not Required: ONCA finds that strict compliance with s.227(1) of the Insurance Act Is Not Required For An Excluded Driver Endorsement by Danielle Malone
May 12, 2017
Loss Transfer and Priority Disputes

Driving Without Insurance Conviction Doesn’t End Discussion in Civil Context if Whether or Not Policy is Validly Cancelled: CAO Says Not an Abuse of Process to Allow Such Evidence to Be Examined in Intact v. Federated by Richard Kreder

Driving Without Insurance Conviction Doesn’t End Discussion in Civil Context if Whether or Not Policy is Validly Cancelled: CAO Says Not an Abuse of Process to Allow Such Evidence to Be Examined in Intact v. Federated by Richard Kreder
Feb 16, 2017
Loss Transfer and Priority Disputes

Side Agreements in Loss Transfer Situations Reprised: Wawanesa v. ACE INA

WILLIAM SPROULL
WILLIAM SPROULL
Feb 12, 2017
Loss Transfer and Priority Disputes

Chain Reaction Collisions in Loss Transfer May Require a Leap(frog) of Logic: Kingsway v. Dominion by Amanda Lo Cicero

Chain Reaction Collisions in Loss Transfer May Require a Leap(frog) of Logic: Kingsway v. Dominion by Amanda Lo Cicero
Feb 08, 2017
Loss Transfer and Priority Disputes

The Effect of Side-Agreements Between Insurers and their Insureds in Loss Transfer Situations: Certas Direct v. ACE INA

WILLIAM SPROULL
WILLIAM SPROULL
Jan 31, 2017
Loss Transfer and Priority Disputes

Section 33 Non Compliance Can Bite A Claimant: Tesfagiorgis and State Farm (FSCO A14-003779)

Blogs

Priority Rules and the Strict 90 Day Limitation on Notice – Sometimes 90 days isn’t 90 days: Allstate v. State Farm and Dominion

TANYA ZIGOMANIS
TANYA ZIGOMANIS
Jan 17, 2017
Loss Transfer and Priority Disputes

Onus and Burden of Proof in Loss Transfer cases: The Personal v. Zurich

WILLIAM SPROULL
WILLIAM SPROULL
Dec 11, 2016
Loss Transfer and Priority Disputes

Permanent Relationships in a Priority Context: Is it Permanent Today? (Intact v Allstate)

Permanent Relationships in a Priority Context: Is it Permanent Today? (Intact v Allstate)
Aug 08, 2016
Loss Transfer and Priority Disputes

90 Day Notice Not Only To Be Strictly Construed v. Other Insurers in Priority Claims, But Also To Insured Person

ERIC K. GROSSMAN
ERIC K. GROSSMAN
Jul 04, 2016
Loss Transfer and Priority Disputes

Kick and Save a Beauty – Goalies Get Rewarded But it Costs Insurers Who Deflect: The Priority Case of State Farm v TD & MVACF

Kick and Save a Beauty – Goalies Get Rewarded But it Costs Insurers Who Deflect: The Priority Case of State Farm v TD & MVACF
Jun 28, 2016
Loss Transfer and Priority Disputes

Coaxing apart the Gordian Knot: Untangling Priority Disputes Where Claimant Has a Choice of Insurer and Has Not Exercised It

Coaxing apart the Gordian Knot: Untangling Priority Disputes Where Claimant Has a Choice of Insurer and Has Not Exercised It
Jun 10, 2016
Loss Transfer and Priority Disputes

Abuse of Process in Priority Disputes

Abuse of Process in Priority Disputes
Feb 09, 2016
Loss Transfer and Priority Disputes

Quick and Dirty – That’s How Loss Transfer Rolls

JENNIFER J. GRIFFITHS
JENNIFER J. GRIFFITHS
Jan 11, 2016
Loss Transfer and Priority Disputes

Dominion of Canada General Insurance Company v. Axa Insurance (Canada) et al. (Hunter)

Dominion of Canada General Insurance Company v. Axa Insurance (Canada) et al. (Hunter)
Feb 09, 2015
More news

Decisions

Economical Insurance Co. v. Commonwell Mutual Insurance Co. Jul 07, 2025
The Commonwell Mutual Insurance Group v Aviva Insurance Group, 2024 ONSC 7022 Dec 13, 2024
Gore Mutual Insurance Company v. Definity Insurance Company, 2024 ONSC Feb 22, 2024
Aviva Insurance Co. v. Repwest Insurance Jul 13, 2023
Hamilton Township Mutual Insurance Co. v. Gore Mutual Insurance Co. Jun 19, 2023
Dominion of Canada General Insurance Co v. Allstate Insurance Co of Canada Jan 25, 2023
Echelon Insurance & Gore Mutual – Decision on Preliminary Issue Dec 21, 2022
Aviva Canada Inc. v. MVACF & Intact Insurance Co. Nov 17, 2022
Zurich Insurance Company v. Chubb Insurance Company of Canada Aug 05, 2022
Aviva Insurance Company v. The Commonwell Mutual Insurance Group Jun 15, 2022
Intact Insurance Co. v. Co-operators Insurance Co. May 25, 2022
Unifund Insurance Company v. Chartis Insurance Company of Canada May 13, 2022
TD General Insurance Co. v. Aviva Insurance Co. Mar 09, 2022
Allstate Insurance Company & Traders General Insurance Company (Aviva Insurance Company) and Unifund Assurance Company Feb 24, 2022
Coseco Insurance Co v. The Personal Insurace Co. Oct 08, 2021
RSA v State Farm et al – Costs Decision Mar 17, 2021
Allstate Insurance v. TD Home & Auto Insurance, 2020 ONSC 6969 Dec 17, 2020
Zurich Insurance Co. v. Chubb Insurance Co. of Canada, 2018 ONSC 1907 May 16, 2018
Aviva v State Farm  (2016) SCC 36867  – Judgement  Sep 22, 2016
Aviva v State Farm  (2016) SCC 36867 Sep 22, 2016
Unifund Assurance Co. v. The Dominion Insurance Co Jun 30, 2016
Zurich v TD General Insurance Company (2016) SCC 36803 May 05, 2016
Royal & SunAlliance Insurance Co. of Canada v. TD General Insurance Co. (Private Arbitration) Nov 30, 2015
Intact Insurance Co. of Canada v. Lombard General Insurance Co. of Canada, 2015 ONCA 764 Nov 12, 2015
Unifund Assurance Co. v. Wawanesa Mutual Insurance Co. / Preliminary Issue (Private Arbitration) Apr 08, 2015
The Co-Operators v. Perth Insurance, Aviva Canada, Intact Insurance Co. and TD Insurance Co. / Preliminary Issues (Private Arbitration) Feb 03, 2015
Royal and Sun Alliance Insurance Company of Canada v. Axa Insurance Inc., 2015 ONSC 217 Jan 12, 2015
Intact Insurance Co. v. The Co-Operators General Insurance Company (Private Arbitration) Oct 17, 2014
Pafco Insurance Co. v. Cumis General Insurance Co. (Private Arbitration) Mar 31, 2014
The Dominion of Canada General Insurance Co. v. Lombard Insurance Co., Northbridge Insurance Co. and Martha McLean/ Preliminary Issues (Private Arbitration) Sep 11, 2013
Kingsway General Insurance Co. v. Intact Insurance, 2011 ONSC 5024 Aug 24, 2011
Intact Insurance Co. v. Marianayagam / Appeal Variation Expense, FSCO P09-00028V May 11, 2011
The Economical Insurance Group v. Markel Insurance Co. of Canada (Private Arbitration) Jan 13, 2011
Lanark Mutual Insurance Co. v. Nordic Insurance Co. of Canada (Private Arbitration) Feb 25, 2010
ING Insurance Co. of Canada v. TD Insurance Meloche Monnex, CV-08-367189 / Endorsement Apr 21, 2009
Pilot Insurance Co. v. Zurich Insurance Co. of Canada (Private Arbitration) Feb 11, 2009
ING Insurance Co. of Canada v. The Insurance Corporation of British Columbia, 2008 CanLII 48645 (ON SC) / Endorsement Sep 17, 2008
Allstate Insurance Co. v. Kingsway General Insurance Co. and CAA Insurance Co. / Preliminary Issue (Private Arbitration) Oct 26, 2007
Zurich v. Aviva (private arbitration), April 1, 2007 Apr 01, 2007
Enterprise Rent A Car v. ING Insurance Co. of Canada (Private Arbitration) Nov 01, 2006
Co-Operators v. Zurich (private arbitration), September 27, 2005 Sep 27, 2005
The Co-operators v. The Halifax insurance Co. Dec 14, 2001
Chen v. Kingsway General Insurance Co. / Motion Nov 10, 1998
Fung-Lee v. Royal Insurance Co. of Canada and Coseco Insurance Co. / Preliminary Issue Jun 23, 1997

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