On July 11, 2014, the Ontario Court of Appeal released a decision of great interest to the farming community, as it relates to All Terrain Vehicles (ATVs). In Matheson v Lewis, 2014 ONCA 542 (http://canlii.ca/t/g80hl), the Court ruled that unmodified ATVs used in the context of farming must be insured if driven on public roadways. Farm ATVs—often used as a speedy way of surveying large swaths of land—do not fall within the “self-propelled implement of husbandry” exception of the Highway Traffic Act, RSO 1990, c H.8 [HTA], which otherwise encompasses farm machinery. The story behind this case is quite sad. Arthur Matheson, a farmer from Perth, gated sheep on a parcel of land at the most westerly part of his 900-acre property. To get to this parcel, he …
Motorists in Ontario have a contractual relationship with their insurance company. If you have any type of insurance, you have a contract with the insurance company. It is well-established in law that parties to insurance contract are required to deal with each other in good faith at all times. You insurance adjusters who are appointed character file have a duty to act in good faith and honestly with people the insurer contracts with? In short, absolutely. The main duty of an insurance adjuster is to resolve legitimate claims made to the insurance company for insurance coverages pursuant to the contract for insurance. However, insurance adjusters also wish to settle and administer claims cost effective way possible. As a result, it’s adjusters often deny claims that should not be …