Knowledge Centre

Court Clarifies Procedure to Determine “Insurer Responsible” under Section 275 of the Insurance Act

Mitch Kitagawa and Brent Craswell
June 2015 Kelly Santini LLP, Ontario

TD General Insurance Company v Markel Insurance Company (2014 ONSC 6461) – Jasbir Kaura was an experienced transport truck driver, who was hired by a trucking company to drive from Toronto to Regina. Kaura asked the principal of the trucking company whether he could bring along a friend, Kuldip Marok, who had recently received his AZ license. It was agreed by the parties that Marok would drive for a small portion of the trip, which he did without incident. However, while Kaura was driving, the transport truck was involved in an accident whereby Marok was injured.

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