NOTICE OF DISCONTINUANCE OF CLASS ACTION

 THIS IS AN IMPORTANT NOTICE FOR INDIVIDUALS WHO MADE A CLAIM FOR ONTARIO NO-FAULT AUTO ACCIDENT BENEFITS AFTER 2010 THAT MAY AFFECT LEGAL RIGHTS 

This notice relates to an important development in a series of proposed class actions filed on behalf of Canadian residents, who applied for benefits under Ontario’s non-fault auto insurance scheme and were approved for statutory accident benefits by one of the following insurers, but whose insurer did not pay or reimburse them for HST applicable to the approved benefits or included the amount of any applicable HST in the calculation of any benefit cap:

Aviva Insurance, All State Insurance, Belair Insurance Certas Home and Auto, The Commonwealth Mutual, Co-Operators General Insurance, Echelon General Insurance, Economical Mutual Insurance, Intact Financial Corporation, Unifund Assurance Company, Wawanesa Mutual Insurance, TD Insurance, St. Paul Fire and Marine Insurance Company, Travelers Insurance Company of Canada, Cumis General Insurance Company and Gore Mutual Insurance Company.

Pursuant to a series of orders made by the Ontario Superior Court of Justice on July 10, 2020, the proposed claims against the above insurers were dismissed, with the Court determining that any disputes with respect to accident benefits under Ontario’s non-fault auto insurance scheme must be determined exclusively by Ontario’s License Appeal Tribunal following an individual application for review.

The proposed class actions also made claims against the Provincial Government, the Financial Services Commission of Ontario (FSCO), and the leadership of FSCO, the provincial regulator of insurance in Ontario (the “Regulators”). The claims allege the Regulators were negligent and acted in bad faith in failing to regulate the auto insurance industry. None of these claims have been proven in court. The individuals who have filed these claims requested that their claims against the Regulators be dismissed. Pursuant to an order of the Ontario Superior Court, these claims will be discontinued effective May 4, 2024.

The filing of the series of proposed class actions had the effect of suspending the limitation period for making claims against the Regulators for the conduct alleged. After May 4, 2024, those limitation periods will no longer be suspended.

Any individual wishing to make a claim against the regulators should commence their own action by May 4, 2024. If they fail to do so, they may be prohibited from doing so after that date.

Further information regarding this Notice can be obtained by contacting Jay Ralston at the law firm Murray Ralson either by phone at (705) 737-3229 or email to jralston@murrayralston.com. Please do not contact the court office.