The Dominion of Canada General Insurance Company v Aviva Canada Inc. et al., 2015 ONSC 6195
This is an appeal to the Ontario Superior Court of Justice following a loss transfer arbitration. The matter arises out of a motor vehicle accident that occurred when a vehicle was struck by ice and snow from a snow plow passing on the overpass above him, causing injury to the driver of the vehicle. The insurers of the parties proceeded by way of arbitration to determine the loss transfer issue. At the time, the Arbitrator found that a snow plow was a “commercial vehicle” as defined in Regulation 664 of the Insurance Act (the “Act”) and subject to the loss transfer provisions of the Act. Zurich Insurance Company Limited (the “Appellant”), appealed the decision.
