hordruma/ontario_laws_and_regs huggingface dataset:
PART VI AUTOMOBILE INSURANCE
Liability, possible exclusions for other uses
250 (1) The insurer may provide under a contract evidenced by a motor vehicle liability policy, in one or more of the following cases, that, except as provided in the Statutory Accident Benefits Schedule, it shall not be liable while, (a)  the automobile is rented or leased to another person; (b)  the automobile is used to carry explosives or to carry radio-active material for research, education, development or industrial purposes or for purposes incidental thereto; (c)  the automobile is used as a taxicab, public omnibus, livery, jitney or sightseeing conveyance or for carrying passengers for compensation or hire; (d)  where the insured vehicle is an automobile, other than a trailer, it is used for towing a trailer owned by the insured unless like indemnity is also provided by the insurer in respect of the trailer; (e)  where the insured vehicle is a trailer, it is towed by an automobile owned by the insured unless like indemnity is also provided by the insurer in respect of the automobile.  R.S.O. 1990, c. I.8, s. 250 (1); 1993, c. 10, s. 1. Definition (2) In clause (1) (b), “radio-active material” means, (a)  spent nuclear fuel rods that have been exposed to radiation in a nuclear reactor, (b)  radio-active waste material, (c)  unused enriched nuclear fuel rods, or (d)  any other radio-active material of such quantity and quality as to be harmful to persons or property if its container were destroyed or damaged.  R.S.O. 1990, c. I.8, s. 250 (2). Exception (3) Clause (1) (a) does not include the use by an employee of his or her automobile on the business of the employee’s employer and for which the employee is paid.  R.S.O. 1990, c. I.8, s. 250 (3). Certain rules excepted (4) Clause (1) (c) does not include, (a)  the use by a person of the person’s automobile for the carriage of another person in return for the former’s carriage in the automobile of the latter; (b)  the occasional and infrequent use by a person of the person’s automobile for the carriage of another person who shares the cost of the trip; (c)  the use by a person of the person’s automobile for the carriage of a temporary or permanent domestic servant of the insured or his or her spouse; (d)  the use by a person of the person’s automobile for the carriage of a client or customer or a prospective client or customer; or (e)  the occasional and infrequent use by the insured of the insured’s automobile for the transportation of children to or from school or school activities conducted within the educational program.  R.S.O. 1990, c. I.8, s. 250 (4); 1999, c. 6, s. 31 (6); 2005, c. 5, s. 35 (10). Section Amendments with date in force (d/m/y) 1993, c. 10, s. 1 - 01/01/1994; 1999, c. 6, s. 31 (6) - 01/03/2000 2005, c. 5, s. 35 (10) - 09/03/2005
PART VI AUTOMOBILE INSURANCE
Minimum liability under policy
251 (1) Every contract evidenced by a motor vehicle liability policy insures, in respect of any one accident, to the limit of at least $200,000, exclusive of interest and costs, against liability resulting from bodily injury to or the death of one or more persons and loss of or damage to property. Priorities (2) The contract shall be interpreted to mean that where, by reason of any one accident, liability results from bodily injury or death and from loss of or damage to property, (a)  claims against the insured arising out of bodily injury or death have priority to the extent of $190,000 over claims arising out of loss of or damage to property; and (b)  claims against the insured arising out of loss of or damage to property have priority to the extent of $10,000 over claims arising out of bodily injury or death. Minimum limits where separate limits designated (3) The insurer may, instead of specifying a limit in the policy for an inclusive amount, specify a limit of liability of at least $200,000, exclusive of interest and costs, against liability resulting from bodily injury to or the death of one or more persons and a limit of liability of at least $200,000, exclusive of interest and costs, against liability for loss of or damage to property. Variation of limits (4) Nothing in this Part precludes an insurer, with respect to a limit or limits in excess of those specified in subsection (1) or (3), from increasing or reducing the limit or limits specified in the contract with respect to the use or operation of the automobile by a named person, but no reduction is effective for a limit less than that required under subsection (1) or (3).  R.S.O. 1990, c. I.8, s. 251.
PART VI AUTOMOBILE INSURANCE
Liability arising from use, etc., outside Ontario
252 (1) Every motor vehicle liability policy issued in Ontario shall provide that, in the case of liability arising out of the ownership or, directly or indirectly, out of the use or operation of the automobile in any province or territory of Canada, in a jurisdiction of the United States of America or in any other jurisdiction designated in the Statutory Accident Benefits Schedule, (a)  the insurer is liable up to the minimum limits prescribed for that province, territory or jurisdiction if those limits are higher than the limits prescribed by the policy; (b)  the insurer will not set up a defence to a claim that could not be set up if the policy were a motor vehicle liability policy issued in that province, territory or jurisdiction; and (c)  the insured, by acceptance of the policy, constitutes and appoints the insurer as the insured’s irrevocable attorney to appear and defend in any province or territory of Canada, any jurisdiction of the United States of America or any other jurisdiction designated in the Statutory Accident Benefits Schedule in which an action is brought against the insured arising out of the ownership, use or operation of the automobile.  1996, c. 21, s. 21. Power of attorney binding (2) A provision in a motor vehicle liability policy in accordance with clause (1) (c) is binding on the insured.  R.S.O. 1990, c. I.8, s. 252 (2). Section Amendments with date in force (d/m/y) 1996, c. 21, s. 21 - 01/11/1996
PART VI AUTOMOBILE INSURANCE
Excess insurance
253 (1) Nothing in this Part precludes an insurer from providing insurance under a contract evidenced by a motor vehicle liability policy restricted to a limit in excess of that provided by another designated contract evidenced by a motor vehicle liability policy, whether the designated contract is a first loss insurance or an excess insurance. Termination of excess insurance (2) Where the contract designated in the excess contract terminates or is terminated, the excess contract is also automatically terminated.  R.S.O. 1990, c. I.8, s. 253.
PART VI AUTOMOBILE INSURANCE
Agreement for partial payment of claim by insured
254 Nothing in this Part precludes an insurer from entering into an agreement with its insured under a contract evidenced by a motor vehicle liability policy providing that the insured will reimburse the insurer in an agreed amount in respect of any claim by or judgment in favour of a third party against the insured, and the agreement may be enforced against the insured according to its tenor.  R.S.O. 1990, c. I.8, s. 254.
PART VI AUTOMOBILE INSURANCE
Liability for nuclear energy hazard
255 (1) In this section, “nuclear energy hazard” means the radio-active, toxic, explosive or other hazardous properties of nuclear substances under the Nuclear Safety and Control Act (Canada).  2004, c. 31, Sched. 20, s. 7. Liability when nuclear energy contract also in force (2) Where an insured is covered, whether named therein or not, under a contract evidenced by a motor vehicle liability policy for loss or damage resulting from bodily injury to or the death of any person or damage to property arising directly or indirectly out of a nuclear energy hazard and is also covered, whether named therein or not, against such loss or damage under a contract evidenced by a policy of nuclear energy hazard liability insurance issued by a group of insurers and in force at the time of the event giving rise to the loss or damage, (a)  the motor vehicle liability insurance is excess to the nuclear energy hazard liability insurance, and the insurer under the contract of motor vehicle liability insurance is not liable to pay beyond the minimum limits prescribed by section 251; and (b)  the unnamed insured under the contract of nuclear energy liability insurance may, in respect of such loss or damage, recover indemnity under that contract in the same manner and to the same extent as if named therein as the insured, and for that purpose the unnamed insured shall be deemed to be a party to the contract and to have given consideration therefor.  R.S.O. 1990, c. I.8, s. 255 (2). When contract deemed in force (3) For the purpose of this section, a contract of nuclear energy hazard liability insurance shall be deemed to be in force at the time of the event giving rise to the loss or damage, even if the limits of liability thereunder have been exhausted.  R.S.O. 1990, c. I.8, s. 255 (3). Section Amendments with date in force (d/m/y) 2004, c. 31, Sched. 20, s. 7 - 16/12/2004
PART VI AUTOMOBILE INSURANCE
Advance payments and release by claimant
256 (1) Where an insurer makes a payment on behalf of an insured under a contract evidenced by a motor vehicle liability policy to a person who is or claims to be entitled to recover from the insured covered by the policy, the payment constitutes, to the extent of the payment, a release by the person or the person’s personal representative of any claim that the person or the person’s personal representative or any person claiming through or under him or by virtue of Part V of the Family Law Act may have against the insured and the insurer. Idem (2) Nothing in this section precludes the insurer making the payment from demanding, as a condition precedent to such payment, a release from the person or the person’s personal representative or any other person to the extent of such payment. Payment to be taken into account (3) Where the person commences an action, the court shall adjudicate upon the matter first without reference to the payment but in giving judgment the payment shall be taken into account and the person shall only be entitled to judgment for the net amount, if any. Intention (4) The intention of this section is to permit payments to a claimant without prejudice to the defendant or the defendant’s insurer, either as an admission of liability or otherwise, and the fact of any payment shall not be disclosed to the judge or jury until after judgment but before formal entry thereof.  R.S.O. 1990, c. I.8, s. 256.
PART VI AUTOMOBILE INSURANCE
Defence where more than one contract
257 (1) Where a person is insured under more than one contract evidenced by a motor vehicle liability policy, whether the insurance is first loss insurance or excess, and a question arises under clause 245 (b) between an insurer and the insured or between the insurers as to which insurer shall undertake the obligation to defend in the name and on behalf of the insured, whether or not any insurer denies liability under its contract, the insured or any insurer may apply to the Superior Court of Justice, and the court shall give such directions as may appear proper with respect to the performance of the obligation.  R.S.O. 1990, c. I.8, s. 257 (1); 2006, c. 19, Sched. C, s, 1 (1). Hearing (2) On an application under subsection (1), the only parties entitled to notice thereof and to be heard thereon are the insured and the insured’s insurers, and no material or evidence used or taken upon such an application is admissible upon the trial of an action brought against the insured for loss or damage to persons or property arising out of the use or operation of the automobile in respect of which the insurance is provided.  R.S.O. 1990, c. I.8, s. 257 (2). Order (3) An order under subsection (1) does not affect the rights and obligations of the insurers in respect of payment of any indemnity under their respective policies.  R.S.O. 1990, c. I.8, s. 257 (3). Contribution (4) Where indemnity is provided to the insured under two or more contracts and one or more of them are excess insurance, the insurers shall, as between themselves, contribute to the payment of expenses, costs and reimbursement for which provision is made in section 245 in accordance with their respective liabilities for damages awarded against the insured.  R.S.O. 1990, c. I.8, s. 257 (4). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. C, s, 1 (1) - 22/06/2006
PART VI AUTOMOBILE INSURANCE
Notice of accident
258.1 (1) If an automobile insured under a contract is involved in an incident that is required to be reported to the police under the Highway Traffic Act
or in respect of which the insured intends to make a claim under the contract, the insured shall give the insurer written notice of the incident, with all available particulars. Same (2) Subject to subsection (3), the notice required by subsection (1) shall be given to the insurer within seven days of the incident. Same (3) If the insured is unable because of incapacity to comply with subsection (1) within seven days of the incident, the insured shall comply as soon as possible thereafter.  1996, c. 21, s. 22. Section Amendments with date in force (d/m/y) 1996, c. 21, s. 22 - 01/11/1996
PART VI AUTOMOBILE INSURANCE
Application of ss. 258.3 to 258.6
258.2 Sections 258.3 to 258.6 apply only in respect of a claim 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. 22. Section Amendments with date in force (d/m/y) 1996, c. 21, s. 22 - 01/11/1996
PART VI AUTOMOBILE INSURANCE
Duty to disclose limits
258.4 An insurer that receives a notice under clause 258.3 (1) (b) shall promptly inform the plaintiff whether there is a motor vehicle liability policy issued by the insurer to the defendant and, if so, (a)  the liability limits under the policy; and (b)  whether the insurer will respond under the policy to the claim.  1996, c. 21, s. 22. Section Amendments with date in force (d/m/y) 1996, c. 21, s. 22 - 01/11/1996
PART VI AUTOMOBILE INSURANCE
Duty of insurer re settlement of claim
258.5 (1) An insurer that is defending an action for loss or damage from bodily injury or death arising directly or indirectly from the use or operation of an automobile on behalf of an insured or that receives a notice under clause 258.3 (1) (b) from an insured shall attempt to settle the claim as expeditiously as possible. Advance payment (2) If the insurer admits liability in respect of all or part of a claim for income loss, the insurer shall make payments to the person making the claim pending the determination of the amount owing. Amount of payments (3) The amount of the payments under subsection (2) shall be based on the insurer’s estimate of the amount owing in respect of the claim for income loss, having regard to any information provided to the insurer by the person making the claim. Application of subss. 256 (1-3) (4) Subsections 256 (1), (2) and (3) apply, with necessary modifications, to advance payments made under this section. Failure to comply (5) In an action for loss or damage from bodily injury or death arising directly or indirectly from the use or operation of an automobile, an insurer’s failure to comply with this section shall be considered by the court in awarding costs.  1996, c. 21, s. 22. Section Amendments with date in force (d/m/y) 1996, c. 21, s. 22 - 01/11/1996
PART VI AUTOMOBILE INSURANCE
Mediation
258.6 (1) A person making a claim for loss or damage from bodily injury or death arising directly or indirectly from the use or operation of an automobile and an insurer that is defending an action in respect of the claim on behalf of an insured or that receives a notice under clause 258.3 (1) (b) in respect of the claim shall, on the request of either of them, participate in a mediation of the claim in accordance with the procedures prescribed by the regulations. Failure to comply (2) In an action in respect of the claim, a person’s failure to comply with this section shall be considered by the court in awarding costs.  1996, c. 21, s. 22. Section Amendments with date in force (d/m/y) 1996, c. 21, s. 22 - 01/11/1996 Notice of action and judgment against insured
PART VI AUTOMOBILE INSURANCE
Insured to give notice of action
259 (1) Every insured against whom an action is commenced for damages occasioned by an automobile shall give notice thereof in writing to the insurer within five days after service of every notice or process in the action. Insured to disclose insurance (2) Every insured against whom an action is commenced for damages occasioned by an automobile shall, upon recovery of a judgment against the insured, disclose to a judgment creditor entitled to the benefit of any motor vehicle liability policy particulars of such contract within ten days after written demand therefor.  R.S.O. 1990, c. I.8, s. 259.
PART VI AUTOMOBILE INSURANCE
Limitation period
259.1 A proceeding against an insurer under a contract in respect of loss or damage to an automobile or its contents shall be commenced within one year after the happening of the loss or damage.  2002, c. 24, Sched. B, s. 39 (3). Section Amendments with date in force (d/m/y) 2002, c. 24, Sched. B, s. 39 (3) - 01/01/2004 Physical Damage Cover
PART VI AUTOMOBILE INSURANCE
Partial payment of loss clause
261 (1) A contract or part of a contract providing insurance against loss of or damage to an automobile and the loss of use thereof may contain a clause to the effect that, in the event of loss, the insurer shall pay only, (a)  an agreed portion of any loss that may be sustained; or (b)  the amount of the loss after deduction of a sum specified in the policy, and in either case not exceeding the amount of the insurance.  R.S.O. 1990, c. I.8, s. 261 (1). Mandatory deductible (1.1) Despite subsection (1), in the circumstances prescribed by the regulations, a contract or part of a contract providing insurance against loss of or damage to an automobile and the loss of use thereof shall contain a clause to the effect that, in the event of loss, the insurer shall pay only the amount of the loss after deduction of a sum specified in the policy not exceeding the amount of the insurance.  1996, c. 21, s. 23 (1). Stamping required (2) Where a clause is inserted in accordance with subsection (1) or (1.1), there shall be printed or stamped upon the face of the policy in conspicuous type the words “This policy contains a partial payment of loss clause” or the French equivalent.  R.S.O. 1990, c. I.8, s. 261 (2); 1996, c. 21, s. 23 (2). Section Amendments with date in force (d/m/y) 1996, c. 21, s. 23 (1, 2) - 01/11/1996
PART VI AUTOMOBILE INSURANCE
Claims under other contracts to be adjusted
262 (1) Where a claim is made under any contract other than a contract evidenced by a motor vehicle liability policy, the insurer shall, despite any agreement, adjust the amount of the claim with the insured named in the contract as well as with any person having an interest indicated in the contract.  R.S.O. 1990, c. I.8, s. 262 (1). Exception (2) Despite subsection (1), if notice of a claim is given or proof of loss is made by a person having an interest indicated in the contract, and no notice is given and no proof of loss is made by the insured within sixty days after the day the notice or proof is required under the contract, the insurer may adjust and pay the claim to the other person having an interest indicated in the contract.  1993, c. 10, s. 20. Section Amendments with date in force (d/m/y) 1993, c. 10, s. 20 - 01/01/1994 Direct Compensation — Property Damage
PART VI AUTOMOBILE INSURANCE
Publication of deductible amounts
267.2 (1) Before the 1st day of January in each year after 1994, the Chief Executive Officer shall determine in accordance with this section and publish on the website of the Authority, (a)  the non-pecuniary loss deductible to be used under subparagraph i of paragraph 3 of subsection 267.1 (8) as it read immediately before the day section 8 of Schedule 7 to the Better for People, Smarter for Business Act, 2020 came into force in respect of awards of damages made in the year that begins on the 1st day of January; and (b)  the Family Law Act deductible to be used under subparagraph ii of paragraph 3 of subsection 267.1 (8) as it read immediately before the day section 8 of Schedule 7 to the Better for People, Smarter for Business Act, 2020 came into force in respect of awards of damages made in the year that begins on the 1st day of January. 1993, c. 10, s. 25; 1997, c. 28, s. 115; 2018, c. 8, Sched. 13, s. 22; 2019, c. 14, Sched. 9, s. 10; 2020, c. 34, Sched. 7, s. 9. Rules for determination (2) The following rules apply to the determination of the non-pecuniary loss deductible and the Family Law Act deductible: 1.  The non-pecuniary loss deductible for 1993 and 1994 is $10,000. 2.  The Family Law Act
deductible for 1993 and 1994 is $5,000. 3.  The non-pecuniary loss deductible and the Family Law Act deductible for a year after 1994 shall be determined by adjusting the deductible for the previous year by the percentage change in the Consumer Price Index for Canada (All Items), as published by Statistics Canada under the authority of the Statistics Act (Canada), for the period from September in the year immediately preceding the previous year to September of the previous year. 4.  Despite paragraph 3, if the Consumer Price Index information required by paragraph 3 to determine the deductibles for a year is not available by the 1st day of November in the previous year, or if in the Chief Executive Officer’s opinion the information published by Statistics Canada does not provide a reasonable reflection of changes in consumer prices, the Chief Executive Officer may determine the deductibles in a manner that the Chief Executive Officer considers will provide a reasonable reflection of changes in consumer prices. 1993, c. 10, s. 25; 1997, c. 28, s. 115; 2018, c. 8, Sched. 13, s. 22, 23. Section Amendments with date in force (d/m/y) 1993, c. 10, s. 25 - 01/01/1994; 1997, c. 28, s. 115 - 01/07/1998 2018, c. 8, Sched. 13, s. 22, 23 - 08/06/2019 2019, c. 14, Sched. 9, s. 10 - 31/07/2020 2020, c. 34, Sched. 7, s. 9 - 01/07/2022 Court Proceedings for Accidents on or after November 1, 1996
PART VI AUTOMOBILE INSURANCE
Definitions, ss. 267.4 to 267.12
267.3 In sections 267.4 to 267.12, “owner” includes an operator as defined in subsection 16 (1) of the Highway Traffic Act and a person who is a lessee for the purposes of section 192 of that Act; (“propriétaire”) “protected defendant” means a person who is protected from liability by subsections 267.5 (1), (3) and (5). (“défendeur exclu”)  2005, c. 31, Sched. 12, s. 3. Section Amendments with date in force (d/m/y) 1996, c. 21, s. 29 - 01/11/1996 2005, c. 31, Sched. 12, s. 3 - 01/03/2006
PART VI AUTOMOBILE INSURANCE
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 November 1, 1996, 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; 2020, c. 34, Sched. 7, s. 10. Effect of amendments (2) Subsection (1) shall not be interpreted as requiring an amendment made to sections 267.5 to 267.11 to apply in respect of the use or operation, before the amendment came into force, of an automobile. 2002, c. 22, s. 119. Section Amendments with date in force (d/m/y) 1996, c. 21, s. 29 - 01/11/1996 2002, c. 22, s. 119 - 01/10/2003 2020, c. 34, Sched. 7, s. 10 - 01/07/2022 Protection from liability