1. (Private) Auto Subrogation in Canada

3. Private Auto Insurance Provinces: – Alberta, Ontario, P.E.I., New Brunswick, Nova Scotia, Newfoundland Territories – Northwest Territories, Yukon Territories, Nunavut

4. “No Fault” Insurance Schemes Ontario - You can sue for pain and suffering and for economic loss but there are conditions Alberta - You can sue for pain and suffering (with limits), and for economic loss. Nova Scotia - You can sue for pain and suffering (with limits), and for economic loss Newfoundland New Brunswick - You can sue for pain and suffering (with limits), and for economic loss. P.E.I. - You can sue for pain and suffering (with limits), and for economic loss Yukon - You can sue for pain and suffering, and for economic loss. Northwest Territories - You can sue for pain and suffering, and for economic loss. Nunavut - You can sue for pain and suffering, and for economic loss.

5. Ontario Uninusred – Property Damage Uninsured automobile coverage 265. (1) Every contract evidenced by a motor vehicle liability policy shall provide for payment of all sums that, 265. (1) (a) a person insured under the contract is legally entitled to recover from the owner or driver of an uninsured automobile or unidentified automobile as damages for bodily injuries resulting from an accident involving an automobile; (b) any person is legally entitled to recover from the owner or driver of an uninsured automobile or unidentified automobile as damages for bodily injury to or the death of a person insured under the contract resulting from an accident involving an automobile; and (c) a person insured under the contract is legally entitled to recover from the identified owner or driver of an uninsured automobile as damages for accidental damage to the insured automobile or its contents, or to both the insured automobile and its contents, resulting from an accident involving an automobile, subject to the terms, conditions, provisions, exclusions and limits as are prescribed by the regulations. R.S.O. 1990, c. I.8, s. 265 (1).

6. “Uninsured” Subrogation Subrogation (6) Where an amount is paid under subsection (1), the insurer is subrogated to the rights of the person to whom such amount is paid and the insurer may maintain an action in its name or in the name of such person against any other person or persons responsible for the use or operation of the uninsured or unidentified automobile. R.S.O. 1990, c. I.8, s. 265 (6). (6)

7. Ontario Subrogation Rights – Property Damage Ontario - Direct Compensation — Property Damage Accidents involving two or more insured automobiles 263. (1) This section applies if, 263. (1) (a) an automobile or its contents, or both, suffers damage arising directly or indirectly from the use or operation in Ontario of one or more other automobiles; (b) the automobile that suffers the damage or in respect of which the contents suffer damage is insured under a contract evidenced by a motor vehicle liability policy issued by an insurer that is licensed to undertake automobile insurance in Ontario or that has filed with the Superintendent, in the form provided by the Superintendent, an undertaking to be bound by this section; and (c) at least one other automobile involved in the accident is insured under a contract evidenced by a motor vehicle liability policy issued by an insurer that is licensed to undertake automobile insurance in Ontario or that has filed with the Superintendent, in the form provided by the Superintendent, an undertaking to be bound by this section. 1993, c. 10, s. 21 (1); 1997, c. 28, s. 113. Damage recovery from insured’s insurer (2) If this section applies, an insured is entitled to recover for the damages to the insured’s automobile and its contents and for loss of use from the insured’s insurer under the coverage described in subsection 239 (1) as though the insured were a third party. (2)

8. Subrogation – Property Damage Restrictions on other recovery (5) If this section applies, (5) (a) an insured has no right of action against any person involved in the incident other than the insured’s insurer for damages to the insured’s automobile or its contents or for loss of use; (a.1) an insured has no right of action against a person under an agreement, other than a contract of automobile insurance, in respect of damages to the insured’s automobile or its contents or loss of use, except to the extent that the person is at fault or negligent in respect of those damages or that loss; (b) an insurer, except as permitted by the regulations, has no right of indemnification from or subrogation against any person for payments made to its insured under this section. R.S.O. 1990, c. I.8, s. 263 (5); 1996, c. 21, s. 24 (1). (8) This section does not apply if the damage occurred before the 22nd day of June, 1990.rson for payments made to its insured under this section. R.S.O. 1990, c. I.8, s. 263 (5); 1996, c. 21, s. 24 (1). (8)

9. Ontario Subrogation Rights – Bodily Injury Ontario - Court Proceedings for Accidents on or after November 1, 1996 Application of ss. 267.5 to 267.11, automobile use on or after Nov. 1, 1996 267.4 (1) Sections 267.5 to 267.11 apply only to proceedings for loss or damage from bodily injury or death arising from the use or operation, after section 29 of the Automobile Insurance Rate Stability Act, 1996 comes into force, of an automobile in Canada, the United States of America or a jurisdiction designated in the Statutory Accident Benefits Schedule. 1996, c. 21, s. 29 267.4 (1) Non-pecuniary loss (5) Despite any other Act and subject to subsection (6), the owner of an automobile, the occupants of an automobile and any person present at the incident are not liable in an action in Ontario for damages for non-pecuniary loss, including damages for non-pecuniary loss under clause 61 (2) (e) of the Family Law Act, from bodily injury or death arising directly or indirectly from the use or operation of the automobile, unless as a result of the use or operation of the automobile the injured person has died or has sustained, (5) (a) permanent serious disfigurement; or (b) permanent serious impairment of an important physical, mental or psychological function. 1996, c. 21, s. 29.

10. Ontario Subrogation Rights – Bodily Injury Application of subss. (1), (3) and (5) (6) Subsections (1), (3) and (5) do not protect a person from liability if the person is defended in the action by an insurer that is not licensed to undertake automobile insurance in Ontario unless the insurer has filed an undertaking under section 226.1. 1996, c. 21, s. 29. (6) Limitation on subrogation (17) A person who has made a payment described in subsection (1), (4) or (6) [income loss, loss of earning capacity, health care costs, other pecuniary loss] is not subrogated to a right of recovery of the insured against another person in respect of that payment. (17) Exception (18) Subsection (17) does not apply if, (18) (a) the Ministry of Health and Long-Term Care made the payment; and (b) the right of recovery is against a person other than a person insured under a motor vehicle liability policy issued in Ontario. 1996, c. 21, s. 29; 2006, c. 19, Sched. L, s. 11 (3).

11. Ontario Loss Transfers Indemnification in certain cases 275. (1) The insurer responsible under subsection 268 (2) for the payment of statutory accident benefits to such classes of persons as may be named in the regulations is entitled, subject to such terms, conditions, provisions, exclusions and limits as may be prescribed, to indemnification in relation to such benefits paid by it from the insurers of such class or classes of automobiles as may be named in the regulations involved in the incident from which the responsibility to pay the statutory accident benefits arose. R.S.O. 1990, c. I.8, s. 275 (1); 1993, c. 10, s. 1. 275. (1)

12. Ontario – Loss Transfers R.R.O. 1990, REGULATION 664 AUTOMOBILE INSURANCE Indemnification for Statutory Accident Benefits (Section 275 of the Act) 9. (1) In this section, “first party insurer” means the insurer responsible under subsection 268 (2) of the Act for the payment of statutory accident benefits; “heavy commercial vehicle” means a commercial vehicle with a gross vehicle weight greater than 4,500 kilograms; “motorcycle” means a self-propelled vehicle with a seat or saddle for the use of the driver, steered by handlebars and designed to travel on not more than three wheels in contact with the ground, and includes a motor scooter and a motor assisted bicycle as defined in the Highway Traffic Act; “motorized snow vehicle” means a motorized snow vehicle as defined in the Motorized Snow Vehicles Act; “off-road vehicle” means an off-road vehicle as defined in the Off-Road Vehicles Act; “second party insurer” means an insurer required under section 275 of the Act to indemnify the first party insurer. R.R.O. 1990, Reg. 664, s. 9 (1); O. Reg. 780/93, ss. 1, 6.

13. Ontario Loss Transfers (2) A second party insurer under a policy insuring any class of automobile other than motorcycles, off-road vehicles and motorized snow vehicles is obligated under section 275 of the Act to indemnify a first party insurer, (a) if the person receiving statutory accident benefits from the first party insurer is claiming them under a policy insuring a motorcycle and, (i) if the motorcycle was involved in the incident out of which the responsibility to pay statutory accident benefits arises, or (ii) if motorcycles and motorized snow vehicles are the only types of vehicle insured under the policy; or (b) if the person receiving statutory accident benefits from the first party insurer is claiming them under a policy insuring a motorized snow vehicle and, (i) if the motorized snow vehicle was involved in the incident out of which the responsibility to pay statutory accident benefits arises, or (ii) if motorcycles and motorized snow vehicles are the only types of vehicle insured under the policy. R.R.O. 1990, Reg. 664, s. 9 (2); O. Reg. 780/93, s. 1. (3) A second party insurer under a policy insuring a heavy commercial vehicle is obligated under section 275 of the Act to indemnify a first party insurer unless the person receiving statutory accident benefits from the first party insurer is claiming them under a policy insuring a heavy commercial vehicle. R.R.O. 1990, Reg. 664, s. 9 (3); O. Reg. 780/93, s. 1.

14. Subrogation Rights outside of Ontario Loss transfer provisions generally apply in Canada against other Canadian insurers if accident in Ontario Will also apply internationally if insurer licensed to carry insurance in Ontario If international insurer not licensed in Ontario and has not filed with Superintendent, can subrogate

15. Enforcement of Subrogation Rights Arbitration – loss transfers mandatory Mediation – flows through litigation or private mediation Litigation – always the best option

16. Thank You!