Co-written by:
Adam Grant, McCague Borlack LLP (Toronto,
ON)
David
Pick, Brownlee LLP (Calgary, AB)
Franco Cabanos, Whitelaw Twining Law Corp.
(Vancouver, BC)
A Look at Subrogation Rights for Out-of-Province Insurers
Arising from Motor Vehicle Accidents
Introduction
Given the proximity between the two countries, at some point,
most American-based subrogation professionals will become involved
with a claim containing a motor vehicle accident that occurred in
Canada. An understanding of Canadian subrogation principles is,
therefore, an invaluable asset to ensuring that claims are dealt
with promptly and appropriately.
As a brief introduction to the topic, in Canada, subrogation is
ruled by the common law, with some modifications made by statutes
and contracts. In addition, motor vehicle accidents are largely
governed by a "no-fault" scheme, which
imposes limitations on the nature of claims that can be advanced
arising from motor vehicle accidents.
