In Botbyl v. Heartland Farm Mutual Inc. (Ont Div Ct, 2025) the Ontario Divisional Court allowed a LAT SABS appeal, here from a LAT reconsideration decision which overturned an initial decision "that granted the Insureds relief from forfeiture of their insurance policy under s. 129 of the Insurance Act". The central issue here was whether the LAT [under s.280 'Resolution of disputes'] had jurisdiction to grant relief from forfeiture [under IA s.129], even though that provision grants such jurisdiction to the "court".
Here the court considers the purpose and creation of auto insurance 'endorsements':
[34] In Continental v. Chubb, 2022 ONCA 188, the Court of Appeal reviews the history of OPCF 47. OPCF 47 was approved by the Commissioner of Insurance on December 3, 1996 pursuant to s. 227 [SS: 'Approval of forms'] of the Insurance Act, which, as put by the Court of Appeal at para 71, “permits the Chief Executive Officer to approve an endorsement where any provision of Part VI [SS: 'Automobile Insurance'] of the Act is inappropriate to the requirements of a contract with the result that the approved endorsement is effective in accordance with its terms even if its terms are inconsistent with or vary a provision of Part VI…”
The author has waived all copyright and related or neighboring rights to this Isthatlegal.ca webpage.
