Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 12 FEBRUARY 2016

Days May Be Numbered For The Material Contribution Causation Test

Miller Thomson
Miller Thomson
Contributor

Miller Thomson

Miller Thomson LLP ("Miller Thomson") is a national business law firm with approximately 500...

View firm profile
Explore more from Miller Thomson

Arbitrator John Wilson has released a decision casting doubt on the appropriateness of the prevalent use of the material contribution test for causation in accident benefit matters.

CanadaInsurance
Ashleigh Leon
Ashleigh Leon
Author LinkedIn connections

Arbitrator John Wilson has released a decision casting doubt on the appropriateness of the prevalent use of the material contribution test for causation in accident benefit matters. 

In Kofi Agyapong v. Jevco Insurance Company, FSCO A11-003445, among numerous other issues, Arbitrator Wilson was asked to determine whether the claimant was entitled to a non earner benefit and a housekeeping benefit as a result of his involvement in a July 12, 2005 accident wherein he was struck as a pedestrian by a pick-up truck.

Arbitrator Wilson found that while Agyapong's involvement in the accident likely contributed to post accident complaints, there was no credible evidence led on his behalf that would satisfy either the "but for" causation analysis or the "material contribution" test due to his extensive pre-accident complaints, which remained quite similar following the accident.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Ontario Auto Insurance Just Changed: What’s Now Optional And How To Protect Yourself

Ontario's 2026 auto insurance reforms converted most accident benefits from mandatory to optional coverage, creating significant gaps in protection for pedestrians, cyclists, and unlisted drivers. Understanding these changes and taking proactive steps before your policy renewal could mean the difference between comprehensive coverage and devastating financial exposure after an accident.
CanadaInsurance
Howie, Sacks & Henry LLP
Howie, Sacks & Henry LLP
Article

Ontario's New Road Safety Measure, And What It Means To Your Insurance Rates

If you put winter tires on your car this winter, your insurance company owes you a discount. The announcement was made by the Ontario government on October 14, 2015. As of January 1, 2016, all insurance companies operating in Ontario are required to provide a discount to their policyholders using winter tires. The announcement was made by the Ontario government on October 14, 2015. As of January 1, 2016, all insurance companies operating in Ontario are required to provide a discount to their
CanadaInsurance
Lerners LLP
Lerners LLP
Article

Insurtechs: Canada's Draft Regulations Could Make Insurers Bigger Investors And Partners

Canada's Department of Finance has released draft regulations that could transform how federally regulated insurers invest in and partner with insurtechs. The proposed framework would allow insurers to acquire control of businesses deriving at least 60% of revenue from financial services activities, potentially opening new capital and partnership opportunities for technology-focused insurance companies.
CanadaInsurance
Gowling WLG
Gowling WLG
Article

Regulatory Alert: FSRA Warns Of Unlicensed GAP Insurance Sales In Ontario

Ontario's Financial Services Regulatory Authority has issued a warning about unlicensed businesses selling Guaranteed Asset Protection (GAP) insurance through vehicle dealerships, leaving consumers potentially unprotected despite paying hundreds of dollars for coverage. The regulatory body has identified cases where GAP products reference insurers that never actually underwrote the policies, and is now taking enforcement action against violators while monitoring the market for compliance with licensing requ
CanadaInsurance
Gowling WLG
Gowling WLG
Article

Does My Credit Card Cover Rental Car Insurance In Canada? What You Need To Know

Premium credit cards often include rental car insurance, but many Canadians misunderstand what this coverage actually protects. While collision damage waivers may cover the rental vehicle itself, they typically exclude liability for injuries to others, personal belongings, and certain vehicle types. Understanding these limitations before declining the rental company's insurance can prevent costly surprises after an accident.
CanadaInsurance
Howie, Sacks & Henry LLP
Howie, Sacks & Henry LLP
Article

Quebec’s New Truck Licence Transfer Rules: What Ontario Carriers Need To Do Now

Ontario commercial truck drivers with less than two years of heavy-truck experience must now pass a practical road test administered by Quebec's SAAQ before transferring their licence to operate heavy vehicles in the province. This new requirement follows fatal collisions and an Ontario Auditor General audit that exposed significant gaps in training standards and provider oversight. Carriers operating across the border need to factor these requirements into workforce planning, recruitment timelines, and dis
CanadaTransport
Miller Thomson
Miller Thomson
Article

Nouvelles règles québécoises sur l’échange des permis de conduire de véhicules lourds : quelles sont les mesures à prendre par les transporteurs ontariens

Ontario truck drivers with less than two years of commercial heavy vehicle experience must now pass a practical road test administered by Quebec's SAAQ before exchanging their license to drive commercial heavy vehicles in the province. This new requirement follows a series of collisions involving heavy trucks in Quebec and a May 2026 audit revealing significant gaps in Ontario's training standards and oversight of providers. Carriers operating across the Ontario-Quebec border must now factor these requireme
CanadaTransport
Miller Thomson
Miller Thomson
Article

Canada’s Revised AML Framework: Sweeping Penalties And Compliance Requirements

Bill C-12 has fundamentally transformed Canada's anti-money laundering framework by introducing penalties up to forty times higher than previous levels and expanding compliance obligations across the financial sector. The legislation now requires all reporting entities to enroll with FINTRAC and maintain "reasonably designed, risk-based and effective" compliance programs, while imposing cumulative maximum penalties that can reach 3% of global revenue.
CanadaFinance and Banking
Miller Thomson
Miller Thomson
Article

Privacy, Data Protection, And Cybersecurity: What Foreign Companies Must Consider Before Entering The Canadian Market

Foreign companies entering Canada often assume their existing privacy programs designed for GDPR or CCPA compliance can simply extend to Canadian operations, but Canada's legal requirements demand targeted modifications. This comprehensive guide examines Canada's private sector privacy legislation, breach reporting obligations, AI governance expectations, and anti-spam regulations that businesses must navigate before launching in the Canadian market.
CanadaPrivacy
Miller Thomson
Miller Thomson