Simon's Legal Resources

Insurance (Auto) - Ontario Automobile Policy [OAP1]

. West York Sales and Leasing Inc. v. Dominion of Canada General Insurance Company (Travelers Canada)

In West York Sales and Leasing Inc. v. Dominion of Canada General Insurance Company (Travelers Canada) (Ont CA, 2026) the Ontario Court of Appeal allowed an insurance appeal, here brought against "the application judge’s decision requiring it to defend the action and indemnify" the respondent.

Here the court considers the basic 'Ontario Automobile Policy' [OAP1]:

Ontario Automobile Policy

[14] OAP1 sets out the rights and obligations of the insured and insurance company related to coverage following an automobile collision. All companies registered to sell automobile insurance in Ontario must use this standard form policy: David Polowin Real Estate Ltd. v. Dominion of Canada General Insurance Co. (2005), 2005 CanLII 21093 (ON CA), 76 O.R. (3d) 161 (C.A.), at paras. 25-27, leave to appeal refused, [2005] S.C.C.A. No. 395.

[15] Section 1.1 provides that coverage is set out in the “Certificate of Automobile Insurance”. Section 1.3 defines the certificate as:

a written document summarizing your insurance coverage [that] lists the coverages purchased [and] premiums charged . . . and shows . . . the described automobile or automobiles.