Is there any defence of due diligence available to the applicant in a claim for auto accident benefits?
Ontario, Canada
The following excerpt is from M. F. v Belair Direct, 2017 CanLII 19200 (ON LAT):
The applicant also submits that the defence of due diligence is available to him. He cites Kozel v. The Personal Insurance Company, 2014 ONCA 130 for this proposition. Due diligence is not applicable to this proceeding. Due diligence is available as a defence for strict liability offences. It finds its place in regulatory law, where one party prosecutes another for the alleged commission an offence. This proceeding concerns automobile accident benefits. It finds its place in the combination of contract and insurance law, resolving disputes between private parties.
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