When you represent an institutional client in priority or loss
transfer disputes, is your client leaving money on the table? They
probably are without realizing it. In priority, your client can
claim as indemnity pretty much everything it paid out. For example,
see the April 6, 2005 award of Guy Jones in Wawanesa v.
Kingsway where he found surveillance, among other things, to
be recoverable despite it not being mentioned anywhere in the SABS.
It was not appealed. On the other hand, in loss transfer your
client is arguably entitled to something less, in the nature of
'benefits' per s. 275 of the Insurance Act. Our
Court of Appeal, in the September 11, 2012 loss transfer decision
in Wawanesa v. Axa, 2012 ONCA 592, split 2-1 in favour of
insurer examination expenses not being recoverable
from a respondent. Leave to appeal was not sought. Blair, J.A.,
dissented but, in my opinion, made the better reasoned choice. This
forum does not lend itself to why that is the case,
