hordruma/ontario_laws_and_regs huggingface dataset:
PART VI AUTOMOBILE INSURANCE
No action by uninsured owner or lessee
267.6 (1) Despite any other Act, a person is not entitled in an action in Ontario to recover any loss or damage from bodily injury or death arising directly or indirectly from the use or operation of an automobile if, at the time of the incident, the person was contravening subsection 2 (1) of the Compulsory Automobile Insurance Act in respect of that automobile. Prosecution not necessary (2) Subsection (1) applies whether or not the person was prosecuted for or convicted of an offence under the Compulsory Automobile Insurance Act.  1996, c. 21, s. 29. Section Amendments with date in force (d/m/y) 1996, c. 21, s. 29 - 01/11/1996
PART VI AUTOMOBILE INSURANCE
Joint and several liability with other tortfeasors
267.7 (1) If, in an action for loss or damage from bodily injury or death arising directly or indirectly from the use or operation of an automobile, one or more protected defendants and one or more other persons are found to be liable for damages, (a)  the other persons, (i)  are jointly and severally liable with the protected defendants for the damages for which the protected defendants are liable, having regard to section 267.5, and (ii)  are solely liable for any amount by which the amount mentioned in subclause (i) is less than the amount that the other persons would have been liable to make contribution and indemnify the protected defendants in respect of damages in the absence of section 267.5; (b)  the other persons are liable to make contribution and indemnify the protected defendants in respect of damages to the same extent as if section 267.5 did not apply, up to the amount for which the protected defendants are liable having regard to section 267.5; and (c)  the protected defendants are liable to make contribution and indemnify the other persons for the amount that the protected defendants are liable, having regard to section 267.5, reduced by the amount that the other persons are liable to make contribution and indemnify the protected defendants under clause (b). Separate determinations (2) Liability shall be determined under subsection (1) separately for each of the following categories of damages: 1.  Damages for income loss and loss of earning capacity. 2.  Damages for expenses that have been incurred or will be incurred for health care. 3.  Damages for pecuniary loss, other than damages referred to in paragraphs 1 and 2. 4.  Damages for non-pecuniary loss, including damages for non-pecuniary loss under clause 61 (2) (e) of the Family Law Act. Determination of liability (3) For the purposes of subsection (1), the liability of all persons involved in the incident from which the action arose shall be determined as though all persons wholly or partly responsible for the damages were parties to the action even though any of those persons is not actually a party.  1996, c. 21, s. 29. Section Amendments with date in force (d/m/y) 1996, c. 21, s. 29 - 01/11/1996 Collateral benefits
PART VI AUTOMOBILE INSURANCE
Proceedings by action
267.9 A proceeding for loss or damage from bodily injury or death arising directly or indirectly from the use or operation of an automobile shall be brought only by way of an action.  1996, c. 21, s. 29. Section Amendments with date in force (d/m/y) 1996, c. 21, s. 29 - 01/11/1996
PART VI AUTOMOBILE INSURANCE
Structured judgments
267.10 In the circumstances prescribed by the regulations, the court shall order that an award for damages in an action for loss or damage from bodily injury or death arising directly or indirectly from the use or operation of an automobile shall be paid periodically on such terms as the court considers just.  1996, c. 21, s. 29. Section Amendments with date in force (d/m/y) 1996, c. 21, s. 29 - 01/11/1996
PART VI AUTOMOBILE INSURANCE
No gross-up for income tax
267.11 (1) 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 award against a protected defendant shall not include any amount to offset liability for income tax payable on income from investment of the award with respect to, (a)  damages for income loss or loss of earning capacity; (b)  damages that are payable periodically pursuant to an order of a court under section 267.10; (c)  any component of an award, other than an award for damages mentioned in clause (b), that the plaintiff and defendant agree the defendant shall pay on a periodic basis.  2002, c. 22, s. 123. Application (2) Clause (1) (a) does not apply to an award for income loss or loss of earning capacity under subsection 61 (1) of the Family Law Act.  2002, c. 22, s. 123. Section Amendments with date in force (d/m/y) 1996, c. 21, s. 29 - 01/11/1996 2002, c. 22, s. 123 - 01/10/2003
PART VI AUTOMOBILE INSURANCE
Winding-up orders
268.0.1 (1) The making of a winding-up order in respect of an insurer under the Winding-up and Restructuring Act (Canada) shall not be taken into account in determining under section 268 whether the insurer is liable to pay statutory accident benefits.  2002, c. 22, s. 124. Motor Vehicle Accident Claims Fund (2) If an insurer in respect of which a winding-up order has been made under the Winding-up and Restructuring Act (Canada) is liable to pay statutory accident benefits, the benefits, including any benefits that were outstanding at the time the order was made, shall be paid out of the Motor Vehicle Accident Claims Fund.  2002, c. 22, s. 124. Application (3) This section applies to winding-up orders made after this section comes into force.  2002, c. 22, s. 124. Section Amendments with date in force (d/m/y) 2002, c. 22, s. 124 - 09/12/2002
PART VI AUTOMOBILE INSURANCE
Publication of indexation percentage
268.1 (1) Before the 1st day of January in each year, the Chief Executive Officer shall determine in accordance with this section and publish on the website of the Authority the indexation percentage to be used effective the 1st day of January under subsections 267.5 (8.3), (8.4) and 268 (1.4).  1993, c. 10, s. 27; 1997, c. 28, s. 115; 2015, c. 20, Sched. 17, s. 4; 2018, c. 8, Sched. 13, s. 22; 2020, c. 34, Sched. 7, s. 13. Rules for determination (2) The following rules apply to the determination of the indexation percentage to be used under subsections 267.5 (8.3), (8.4) and 268 (1.4) effective the 1st day of January in a year: 1.  The indexation percentage shall be 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. 2.  Despite paragraph 1, if the Consumer Price Index information required by paragraph 1 to determine the indexation percentage 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 indexation percentage in a manner that the Chief Executive Officer considers will provide a reasonable reflection of changes in consumer prices. 1993, c. 10, s. 27; 1997, c. 28, s. 115; 2015, c. 20, Sched. 17, s. 4; 2018, c. 8, Sched. 13, s. 22, 23. Publication of monetary amounts in Schedule (3) At the time an indexation percentage is published under subsection (1), the Chief Executive Officer shall publish on the website of the Authority the amounts to which the monetary amounts set out in the Statutory Accident Benefits Schedule shall be revised, effective the 1st day of January, in accordance with clause 268 (1.4) (b). 1993, c. 10, s. 27; 1997, c. 28, s. 115; 2018, c. 8, Sched. 13, s. 22; 2019, c. 14, Sched. 9, s. 12. Section Amendments with date in force (d/m/y) 1993, c. 10, s. 27 - 01/01/1994; 1997, c. 28, s. 115 - 01/07/1998 2015, c. 20, Sched. 17, s. 4 - 01/08/2015 2018, c. 8, Sched. 13, s. 22, 23 - 08/06/2019 2019, c. 14, Sched. 9, s. 12 - 31/07/2020 2020, c. 34, Sched. 7, s. 13 - 01/07/2022
PART VI AUTOMOBILE INSURANCE
Rules of interpretation, Statutory Accident Benefits Schedule
268.2 The Statutory Accident Benefits Schedule shall be interpreted in accordance with the rules made under paragraph 10.2 of subsection 121 (1).  1993, c. 10, s. 27; 1996, c. 21, s. 31. Section Amendments with date in force (d/m/y) 1993, c. 10, s. 27 - 01/01/1994; 1996, c. 21, s. 31 - 01/11/1996
PART VI AUTOMOBILE INSURANCE
Guidelines, Statutory Accident Benefits Schedule
268.3 (1) The Chief Executive Officer may issue guidelines on the interpretation and operation of the
Statutory Accident Benefits Schedule or any provision of that Schedule.  1993, c. 10, s. 27; 1997, c. 28, s. 116; 2018, c. 8, Sched. 13, s. 22. Same (1.1) The Chief Executive Officer may issue guidelines setting out the treatment, services, measures or goods applicable in respect of types of impairments for the purposes of payment of a medical or rehabilitation benefit provided under the Statutory Accident Benefits Schedule, and such guidelines may include conditions, restrictions and limits with respect to such treatment, services, measures or goods.  2002, c. 22, s. 125; 2018, c. 8, Sched. 13, s. 22. Effect of guideline (2) Subject to section 268.2, a guideline shall be considered in any determination involving the interpretation of the Statutory Accident Benefits Schedule.  1993, c. 10, s. 27. Incorporation by reference (2.1) Despite subsection (2), a guideline that is incorporated by reference into the Statutory Accident Benefits Schedule is binding. 2013, c. 2, Sched. 8, s. 13. Effective date (3) A guideline takes effect on the day it is published in The Ontario Gazette.  1993, c. 10, s. 27. Section Amendments with date in force (d/m/y) 1993, c. 10, s. 27 - 01/01/1994; 1997, c. 28, s. 116 - 01/07/1998 2002, c. 22, s. 125 - 01/10/2003 2013, c. 2, Sched. 8, s. 13 - 16/08/2013 2018, c. 8, Sched. 13, s. 22 - 08/06/2019
PART VI AUTOMOBILE INSURANCE
Immunity
268.4 No action or other proceeding for damages may be commenced against any person for an act done or omitted in good faith in conducting an assessment by a designated assessment centre under the Statutory Accident Benefits Schedule.  2002, c. 22, s. 126. Section Amendments with date in force (d/m/y) 2002, c. 22, s. 126 - 01/10/2003
PART VI AUTOMOBILE INSURANCE
Particulars of insurance
269 (1) A person who is entitled to statutory accident benefits or his or her personal representative is entitled to particulars as to whether the owner or operator of any automobile against whom the person may have a claim has insurance that provides for statutory accident benefits and the name of the insurer, if any.  R.S.O. 1990, c. I.8, s. 269 (1); 1993, c. 10, s. 1. Demand for particulars (2) The person or his or her personal representative may demand, in writing, the particulars described in subsection (1) from the owner or operator of the automobile or the insurer, if any, of either of them. 2019, c. 7, Sched. 33, s. 7. Reply (3) Every owner, operator and insurer shall comply with a demand under subsection (2) within ten days of receiving the demand.  R.S.O. 1990, c. I.8, s. 269 (3). Definition (4) In this section, “owner” includes a person who is a lessee for the purposes of section 192 of the Highway Traffic Act.  2005, c. 31, Sched. 12, s. 5. Section Amendments with date in force (d/m/y) 1993, c. 10, s. 1 - 01/01/1994 2005, c. 31, Sched. 12, s. 5 - 01/03/2006 2019, c. 7, Sched. 33, s. 7 - 01/01/2022
PART VI AUTOMOBILE INSURANCE
Rights of unnamed insured
270 Any person insured by but not named in a contract to which section 265 or 268 applies may recover under the contract in the same manner and to the same extent as if named therein as the insured, and for that purpose shall be deemed to be a party to the contract and to have given consideration therefor.  R.S.O. 1990, c. I.8, s. 270.
PART VI AUTOMOBILE INSURANCE
Payment into court
271 (1) Where an insurer admits liability for insurance money payable under section 265 or 268 and it appears that, (a)  there are adverse claimants; (b)  the whereabouts of an insured person entitled is unknown; or (c)  subject to subsections (1.1) and (1.2), there is no person capable of giving and authorized to give a valid discharge therefor who is willing to do so, the insurer may, at any time after thirty days after the date upon which the insurance money becomes payable, apply to the court without notice for an order for payment of the money into the Superior Court of Justice, and the court may upon such notice, if any, as it thinks necessary make an order accordingly.  R.S.O. 1990, c. I.8, s. 271 (1); 1993, c. 10, s. 28 (1); 2006, c. 19, Sched. C, s. 1 (1). Minors (1.1) If an insurer admits liability for insurance money payable to a minor under section 265 or 268, the insurer shall pay the money and any applicable interest into the Superior Court of Justice to the credit of the minor.  1993, c. 10, s. 28 (2); 2006, c. 19, Sched. C, s. 1 (1). Same, affidavit (1.2) No order is necessary for payment into the Superior Court of Justice under subsection (1.1), but the proper officer of the court shall receive the money if the insurer files with the court an affidavit showing the amount payable and the name, date of birth and residence of the minor.  1993, c. 10, s. 28 (2); 2006, c. 19, Sched. C, s. 1 (1). Same, notice to Children’s Lawyer (1.3) The insurer shall promptly give the Children’s Lawyer notice of a payment into court under subsection (1.2) and a copy of the affidavit filed under that subsection.  2009, c. 33, Sched. 16, s. 7 (4). Same, authorized payments (1.4) An insurer may, despite subsection (1.1), pay insurance money and applicable interest payable to a minor under section 265 or 268 to, (a)  the guardian of the property of the minor, appointed under section 47 of the Children’s Law Reform Act; (b)  a person referred to in subsection 51 (1) of the Children’s Law Reform Act, if the payment does not exceed the amount set out in that subsection; or (c)  the minor, if payment directly to the minor is authorized by the regulations.  1993, c. 10, s. 28 (2). Discharge of insurer (2) The receipt of the proper officer of the court is sufficient discharge to the insurer for the insurance money paid into the Superior Court of Justice, and the insurance money shall be dealt with as the court orders.  R.S.O. 1990, c. I.8, s. 271 (2); 2006, c. 19, Sched. C, s. 1 (1). Section Amendments with date in force (d/m/y) 1993, c. 10, s. 28 (1, 2) - 01/01/1994 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006 2009, c. 33, Sched. 16, s. 7 (4) - 15/12/2009 272 Repealed:  2002, c. 24, Sched. B, s. 39 (4). Section Amendments with date in force (d/m/y) 2002, c. 24, Sched. B, s. 39 (4) - 01/01/2004
PART VI AUTOMOBILE INSURANCE
Claimant’s obligation to inform
273 (1) Where any person makes a claim for damages in respect of bodily injury or death sustained by the person or any other person while driving or being carried in or upon or entering or getting onto or alighting from or as a result of being struck by an automobile, the claimant shall furnish the person against whom the claim is made full particulars of all insurance available to the claimant under contracts falling within the scope of section 268.  R.S.O. 1990, c. I.8, s. 273. Claim for statutory accident benefits (2) If a person makes a claim for statutory accident benefits, the person shall furnish the person against whom the claim is made with full particulars of, (a)  all insurance available to the person under contracts to which subsection 268 (1) applies; (b)  any medical, surgical, dental, hospitalization, rehabilitation or long-term care plan under which benefits are available to the person; (c)  any income continuation benefit plan that provides benefits for loss of income under which benefits are available to the person; (d)  any law of a jurisdiction outside Canada under which benefits are available to the person; and (e)  any claim made by the person under a sick leave plan arising by reason of the person’s occupation or employment.  1993, c. 10, s. 29. Section Amendments with date in force (d/m/y) 1993, c. 10, s. 29 - 01/01/1994
PART VI AUTOMOBILE INSURANCE
Information to Ministry of Children, Community and Social Services, etc.
273.1 (1) Every insurer shall provide the Ministry of Children, Community and Social Services, a municipality, a board established under the District Social Services Administration Boards Act, a band approved under section 15 of the General Welfare Assistance Act, a delivery agent or delivery partner under the Ontario Works Act, 1997
or a delivery agent under the Ontario Disability Support Program Act, 1997, with such information as may be prescribed by the regulations, including personal information, subject to such conditions as may be prescribed by the regulations. 2021, c. 25, Sched. 21, s. 24. Definition (2) In this section, “insurer” includes the Facility Association.  1997, c. 25, Sched. E, s. 5; 2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 1997, c. 25, Sched. E, s. 5 - 01/07/1998 2002, c. 17, Sched. F, Table - 01/01/2003 2021, c. 25, Sched. 21, s. 24 - 01/09/2023
PART VI AUTOMOBILE INSURANCE
Release
274 (1) Payments made or available to a person under the Statutory Accident Benefits Schedule
constitute, to the extent of the payments, a release by the person, the person’s personal representatives, the person’s insurer and anyone claiming through or under the person or by virtue of Part V of the Family Law Act, (a)  of any claim under subsection 265 (1) or 268 (1), if the claim arises directly or indirectly from the use or operation, before January 1, 1994, of an automobile; and (b)  of any claim under subsection 268 (1), if the claim arises directly or indirectly from the use or operation, on or after January 1, 1994, of an automobile.  1993, c. 10, s. 30; 1996, c. 21, s. 33 (1, 2). Same; accidents on or after Nov. 1, 1996 (2) Payments made or available to a person under the Statutory Accident Benefits Schedule in respect of a claim arising directly or indirectly from the use or operation, after section 29 of the Automobile Insurance Rate Stability Act, 1996 comes into force, of an automobile constitute, to the extent of the payments, a release by the person, the person’s personal representatives, the person’s insurer and anyone claiming through or under the person or by virtue of Part V of the Family Law Act, (a)  of any claim under subsection 268 (1); and (b)  to the extent that the payments are made in respect of lost income, of any claim under subsection 265 (1).  1996, c. 21, s. 33 (3). Section Amendments with date in force (d/m/y) 1993, c. 10, s. 30 - 01/01/1994; 1996, c. 21, s. 33 (1-3) - 01/11/1996
PART VI AUTOMOBILE INSURANCE
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. Idem (2) Indemnification under subsection (1) shall be made according to the respective degree of fault of each insurer’s insured as determined under the fault determination rules.  R.S.O. 1990, c. I.8, s. 275 (2). Deductible (3) No indemnity is available under subsection (2) in respect of the first $2,000 of statutory accident benefits paid in respect of a person described in that subsection.  R.S.O. 1990, c. I.8, s. 275 (3); 1993, c. 10, s. 1. Arbitration (4) If the insurers are unable to agree with respect to indemnification under this section, the dispute shall be resolved through arbitration under the Arbitration Act, 1991.  R.S.O. 1990, c. I.8, s. 275 (4); 2015, c. 20, Sched. 17, s. 5. Stay of arbitration (5) No arbitration hearing shall be held with respect to indemnification under this section if, in respect of the incident for which indemnification is sought, any of the insurers and an insured are parties to a proceeding before the Licence Appeal Tribunal under section 280 or to an appeal from such a proceeding. 2014, c. 9, Sched. 3, s. 13. Section Amendments with date in force (d/m/y) 1993, c. 10, s. 1, 31 - 01/01/1994 2014, c. 9, Sched. 3, s. 13 - 01/04/2016 2015, c. 20, Sched. 17, s. 5 - 04/06/2015
PART VI AUTOMOBILE INSURANCE
Terms of certain insurances, insurance under s. 265
276 Subject to subsection 227 (1), an insurer may in a policy, (a)  provide insurance that is less extensive in scope than the insurance mentioned in section 265; and (b)  provide the terms of the contract that relate to the insurance mentioned in section 265.  R.S.O. 1990, c. I.8, s. 276. Other Insurance
PART VI AUTOMOBILE INSURANCE
Subrogation
278 (1) An insurer who makes any payment or assumes liability therefor under a contract is subrogated to all rights of recovery of the insured against any person and may bring action in the name of the insured to enforce those rights.  R.S.O. 1990, c. I.8, s. 278 (1). Pro-rating recovery (2) Where the net amount recovered whether by action or on settlement is, after deduction of the costs of the recovery, not sufficient to provide complete indemnity for the loss or damage suffered, the amount remaining shall be divided between the insurer and the insured in the proportion in which the loss or damage has been borne by them.  R.S.O. 1990, c. I.8, s. 278 (2). Action when s. 261 applies (3) Where the interest of an insured in any recovery is limited to the amount provided under a clause in the contract to which section 261 applies, the insurer shall have control of the action.  R.S.O. 1990, c. I.8, s. 278 (3). Application to court (4) Where the interest of an insured in any recovery exceeds that referred to in subsection (3) and the insured and the insurer cannot agree as to, (a)  the solicitors to be instructed to bring the action in the name of the insured; (b)  the conduct and carriage of the action or any matters pertaining thereto; (c)  any offer of settlement or the apportionment thereof, whether action has been commenced or not; (d)  the acceptance of any money paid into court or the apportionment thereof; (e)  the apportionment of costs; or (f)  the launching or prosecution of an appeal, either party may apply to the Superior Court of Justice for the determination of the matters in question, and the court shall make such order as it considers reasonable having regard to the interests of the insured and the insurer in any recovery in the action or proposed action or in any offer of settlement.  R.S.O. 1990, c. I.8, s. 278 (4); 2006, c. 19, Sched. C, s. 1 (1). Idem (5) On an application under subsection (4), the only parties entitled to notice and to be heard thereon are the insured and the insurer, and no material or evidence used or taken upon the application is admissible upon the trial of an action brought by or against the insured or the insurer.  R.S.O. 1990, c. I.8, s. 278 (5). Concurrence in settlement or release (6) A settlement or release given before or after an action is brought does not bar the rights of the insured or the insurer, as the case may be, unless they have concurred therein.  R.S.O. 1990, c. I.8, s. 278 (6). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006 Dispute Resolution — Statutory Accident Benefits
PART VI AUTOMOBILE INSURANCE
Definitions
279 For the purposes of sections 280 to 283, “insured person” includes a person who is claiming funeral expenses or a death benefit under the Statutory Accident Benefits Schedule; (“personne assurée”) “Licence Appeal Tribunal” means the Licence Appeal Tribunal established under the Licence Appeal Tribunal Act, 1999. (“Tribunal d’appel en matière de permis”) 2014, c. 9, Sched. 3, s. 14. Section Amendments with date in force (d/m/y) 1993, c. 10, ss. 1, 32 (2) - 01/01/1994; 1996, c. 21, s. 34 (1-4) - 01/11/1996 2014, c. 9, Sched. 3, s. 14 - 01/04/2016