Gore Mutual v. Dominion and Certas Home.
GORE MUTUAL INSURANCE COMPANY
Law Firm / Organization
Dutton Brock LLP
Lawyer(s)

Mark K. Donaldson

THE DOMINION OF CANADA GENERAL INSURANCE COMPANY
Law Firm / Organization
Travelers Canada
Lawyer(s)

Jay Stolberg

CERTAS HOME & AUTO INSURANCE COMPANY
Law Firm / Organization
Desjardins General Insurance Group Inc.
Lawyer(s)

Benjamin Lee

Law Firm / Organization
Gowling WLG (Canada) LLP
  • Background:

    • The case centers on a dispute regarding which insurance company is responsible for covering accident benefits for Alyssia Lafontaine-Greenwood, a 17-year-old involved in a single-vehicle accident on July 21, 2017.
    • Alyssia was entitled to benefits under the Statutory Accident Benefits Schedule (SABS).
    • Three insurers were involved: Gore, Dominion, and Certas. Gore insured Alyssia's father, Dominion insured her mother, and Certas insured the driver of the vehicle.
  • Key Legal Question:

    • Which insurer should pay the benefits? The answer hinges on determining Alyssia’s primary financial dependency:
      • If on her father → Gore is responsible.
      • If on her mother → Dominion is responsible.
      • If neither parent → Certas would be responsible.
  • Arbitration Decision:

    • Arbitrator Densem found Alyssia equally financially dependent on both her parents, thus making Gore and Dominion jointly responsible.
  • Appeal:

    • Both Gore and Dominion appealed, arguing the arbitrator made an error in assessing the facts and law.
    • Certas supported the original arbitration decision.
  • Court’s Ruling:

    • The appeal was dismissed. The court upheld the arbitrator's decision, noting it aligned with the Insurance Act’s remedial intent, which allows for joint financial dependency determinations.
    • The court agreed that Alyssia's grandmother's financial support was irrelevant to the decision.
    • No monetary award specified.
  • Next Steps:

    • Parties were asked to submit written submissions on costs.
Superior Court of Justice - Ontario
CV-22-00683270-0000
Insurance law
Respondent