Government Notices Respecting Corporations

Certificates of Dissolution

Notice Is Hereby Given that a certificate of dissolution under the Business Corporations Act, has been endorsed. The effective date of dissolution precedes the corporation listings.

Date	Name of Corporation	Ontario Corporation Number
2004-01-14	1090604 Ontario Limited	1090604
2004-02-15	Trade Leaders Inc.	983356
2004-02-18	Resource Construction Ltd.	614853
2004-02-26	Dorchem Limited	1144289
2004-02-26	Midland Computer Technology Limited	1220214
2004-02-26	1046622 Ontario Inc.	1046622
2004-02-26	1097812 Ontario Ltd.	1097812
2004-02-26	1493966 Ontario Inc.	1493966
2004-02-26	800401 Ontario Inc.	800401
2004-02-26	940304 Ontario Limited	940304
2004-02-27	1126187 Ontario Inc.	1126187
2004-03-01	Alcatel Canada Finance Inc.	1034723
2004-03-01	Armenio Holdings Inc.	394219
2004-03-01	Bengra International(Canada)Inc.	813334
2004-03-01	Brigadier Holdings Inc.	418516
2004-03-01	Darnings Investments Limited	266805
2004-03-01	David W. Heldman Enterprises Inc.	766808
2004-03-01	Demco Canada Limited	940492
2004-03-01	Dominion Masonry Systems Inc.	677954
2004-03-01	H. W. Computer Consulting Inc.	1540541
2004-03-01	Kel-Air Flying Services Inc.	1064629
2004-03-01	Knappe Machine & Repair Company Limited	341085
2004-03-01	Robert Lapp Consulting Ltd.	949479
2004-03-01	The Montessori School Of Woodstock Inc.	1142195
2004-03-01	Willowdale Chatham Holdings Limited	233026
2004-03-01	1202003 Ontario Limited	1202003
2004-03-01	1405880 Ontario Inc.	1405880
2004-03-01	375282 Ontario Limited	375282
2004-03-01	976524 Ontario Inc.	976524
2004-03-02	Aa Environmental And Associates Inc.	1184304
2004-03-02	Country Subs Ltd.	1034895
2004-03-02	Lancaster Financial Corp.	726623
2004-03-02	Lancaster Securities Corp.	973402
2004-03-02	Lancaster Trading Inc.	700794
2004-03-02	Larcol Investments Limited	262225
2004-03-02	Louis M. Silverstein Productions Inc.	373705
2004-03-02	Steele Robertson Limited	53369
2004-03-02	Web Transport Inc.	1060199
2004-03-03	Bourne Again Holdings Ltd.	874783
2004-03-03	M Deville Enterprises Ltd.	1291575
2004-03-03	Metbe Management Limited	420881
2004-03-03	Monconest International Technologies & Trading Inc.	1541382
2004-03-03	N. O. And C. Di Cecco Bros. Limited	139953
2004-03-03	1013501 Ontario Limited	1013501
2004-03-03	1056071 Ontario Limited	1056071
2004-03-03	1171379 Ontario Inc.	1171379
2004-03-03	991953 Ontario Inc.	991953
2004-03-04	A D B Manufacturing Inc.	934845
2004-03-04	Ashworth Communications Inc.	2011085
2004-03-04	Brileau Inc.	931221
2004-03-04	C & R Dobson Inc.	1118676
2004-03-04	Consilium Hair Design Inc.	1007751
2004-03-04	Contesse Developments Limited	1536672
2004-03-04	Craig Family Renovations Inc.	945973
2004-03-04	Creative Sign Studio Ltd.	510345
2004-03-04	Fred Spearman Limited	309565
2004-03-04	Heng Chun Trading Limited	1251038
2004-03-04	Jeffbram Properties Limited	279590
2004-03-04	John Kemp Consulting Inc.	783462
2004-03-04	Kamen Computer Systems Limited	1282793
2004-03-04	Key Auto Parts Limited	546780
2004-03-04	Knowles Engineering Inc.	922066
2004-03-04	Latt- Corp. Limited	735393
2004-03-04	M. W. M. Construction Of Kitchener Limited .	237586
2004-03-04	Muffin Record Co. Limited	655833
2004-03-04	New Quebec Raglan Mines Limited	83777
2004-03-04	Newlarc Limited	1074161
2004-03-04	Sanders Terraplan Limited	1120056
2004-03-04	T.A. Automotive Repairs Ltd.	396920
2004-03-04	The Hamilton E.E.G. Laboratory Limited	225650
2004-03-04	Vilma Jewellers Limited	340344
2004-03-04	Vivolo Designs Inc.	819825
2004-03-04	1037060 Ontario Inc.	1037060
2004-03-04	1053969 Ontario Limited	1053969
2004-03-04	1058594 Ontario Inc.	1058594
2004-03-04	1060141 Ontario Limited	1060141
2004-03-04	1136349 Ontario Limited	1136349
2004-03-04	1195819 Ontario Inc.	1195819
2004-03-04	1258887 Ontario Inc.	1258887
2004-03-04	1323452 Ontario Limited	1323452
2004-03-04	1324515 Ontario Ltd.	1324515
2004-03-04	1343216 Ontario Inc.	1343216
2004-03-04	402562 Ontario Ltd.	402562
2004-03-04	518028 Ontario Inc.	518028
2004-03-04	646900 Ontario Limited	646900
2004-03-04	839664 Ontario Inc.	839664
2004-03-04	931978 Ontario Limited	931978
2004-03-04	939314 Ontario Limited	939314
2004-03-05	A Whalen Consulting Group Ltd.	1282722
2004-03-05	Alpha Research Center Inc.	1054819
2004-03-05	Creative Hardwood Concepts Ltd.	1074157
2004-03-05	Doncaster Golf Academy Ltd.	1145010
2004-03-05	Frank Cosco Merchant Tailor And Designer Ltd.	296179
2004-03-05	Holford Trading Ltd.	924723
2004-03-05	Jack Huisman Limited	247396
2004-03-05	Keith Burns Ltd.	356294
2004-03-05	Knr Marketing & Consulting Services Inc.	951332
2004-03-05	Londilozi Ranch Ltd.	1237424
2004-03-05	Magnetic Consultants (1994) Ltd.	1073299
2004-03-05	Marrus Manufacturing Inc.	810411
2004-03-05	Provincial Angler Publications Limited	974218
2004-03-05	Rovito General Services Limited	1138683
2004-03-05	The Golden Eagle International Marketing Group Inc.	629127
2004-03-05	1045575 Ontario Inc.	1045575
2004-03-05	1087370 Ontario Limited	1087370
2004-03-05	1148812 Ontario Inc.	1148812
2004-03-05	551235 Ontario Limited	551235
2004-03-05	552209 Ontario Inc.	552209
2004-03-05	786373 Ontario Limited	786373
2004-03-05	786374 Ontario Limited	786374
2004-03-05	873661 Ontario Ltd.	873661
2004-03-06	Anabel Floral & Home Decorating Inc.	801914
2004-03-06	Cliffside Management Limited	381008
2004-03-06	Combitech Engineering Inc.	1181956
2004-03-06	First Excel Property Management Inc.	2005788
2004-03-06	Insight Medical Corporation	994922
2004-03-06	Oxford Acquisitions Inc.	693647
2004-03-06	The Container Store Inc.	990947
2004-03-06	The Mortgage Group Inc.	1080713
2004-03-06	Turner And Dunbar Ltd.	376715
2004-03-06	1013962 Ontario Limited	1013962
2004-03-06	1149792 Ontario Inc.	1149792
2004-03-06	504109 Ontario Limited	504109
2004-03-06	524457 Ontario Limited	524457
2004-03-06	534804 Ontario Inc.	534804
2004-03-06	590836 Ontario Inc.	590836
2004-03-06	852968 Ontario Ltd.	852968
2004-03-07	Synster Enterprises Ltd.	1273063
2004-03-08	A. And A. Management Ltd.	296748
2004-03-08	Alex Hanson Holdings Ltd.	914647
2004-03-08	Alpini Sotos Craft Limited	340257
2004-03-08	Canesco Inc.	511837
2004-03-08	Cansac Consultants Inc.	1061530
2004-03-08	Canworks Corporation	1348854
2004-03-08	Cardinal Appliance Service Ltd.	976482
2004-03-08	Christine Boyd Paints Ltd.	472781
2004-03-08	Davies Fine Homes And Renovations Limited .	506711
2004-03-08	E. L. Banner Agencies Limited	70877
2004-03-08	Frontenac Electrical Services Limited	343227
2004-03-08	Happy Homes Services Inc.	1427487
2004-03-08	Hillcrest Machinery Limited	841800
2004-03-08	Improved Holsteins Ltd.	776485
2004-03-08	Ivy Investments Limited	85744
2004-03-08	Jenisu Enterprises Limited	221034
2004-03-08	Koolen Farm Equipment Ltd.	339914
2004-03-08	Laserwise Services Inc.	805742
2004-03-08	Maker Insurance Brokers Inc.	817077
2004-03-08	Murco Holdings Limited	118999
2004-03-08	New Action Promotions Ltd.	902824
2004-03-08	Northland Video Limited	555525
2004-03-08	Partners-The Rehabilitation Team Inc.	1202681
2004-03-08	Pierce Investments, Limited	24390
2004-03-08	Randy Vivian Construction Ltd.	670421
2004-03-08	Robert H. Downie Holdings Ltd.	535949
2004-03-08	Stavroff Designs Ltd.	551178
2004-03-08	Yasir Delta Trading Inc.	1349865
2004-03-08	Yogie’s Handyman Services Inc.	1234030
2004-03-08	1001634 Ontario Inc.	1001634
2004-03-08	1023904 Ontario Inc.	1023904
2004-03-08	1076725 Ontario Inc.	1076725
2004-03-08	1344586 Ontario Inc.	1344586
2004-03-08	1395440 Ontario Inc.	1395440
2004-03-08	1417616 Ontario Ltd.	1417616
2004-03-08	1476992 Ontario Inc.	1476992
2004-03-08	1514270 Ontario Limited	1514270
2004-03-08	315284 Ontario Limited	315284
2004-03-08	533502 Ontario Limited	533502
2004-03-08	600757 Ontario Ltd.	600757
2004-03-08	674526 Ontario Limited	674526
2004-03-08	698966 Ontario Ltd.	698966
2004-03-08	732137 Ontario Limited	732137
2004-03-08	939262 Ontario Limited	939262
2004-03-08	940352 Ontario Inc.	940352
2004-03-08	990544 Ontario Inc.	990544
2004-03-08	992465 Ontario Limited	992465
2004-03-08	995957 Ontario Limited	995957
2004-03-09	Amcest Canada Inc.	983364
2004-03-09	Benoit Welding Ltd.	1072532
2004-03-09	Dads . . . Under Construction Inc.	1134593
2004-03-09	Fhl System Inc.	1275923
2004-03-09	Stag Line Entertainment Agency Inc.	1028048
2004-03-09	T.D. Watson Associates Inc.	1174243
2004-03-09	Technology & Management Innovations Inc.	1456675
2004-03-09	Two Lips Candle Inc.	1414247
2004-03-09	Zee Reliance Inc.	1205348
2004-03-09	1001361 Ontario Inc.	1001361
2004-03-09	1195368 Ontario Limited	1195368
2004-03-09	1314870 Ontario Inc.	1314870
2004-03-10	Fire Dog Films Inc.	948582
2004-03-10	J. Powell Interior Design Inc.	798664
2004-03-10	Suntime Amusements Limited	150693
2004-03-10	1034104 Ontario Inc.	1034104
2004-03-10	1099796 Ontario Inc.	1099796
2004-03-11	Allied Truck (Canada) Ltd.	1125469
2004-03-11	Ashbury Business Services Inc.	1124149
2004-03-11	Beaver Freight Inc.	1231168
2004-03-11	City Centre Management Inc.	614197
2004-03-11	Dick Silverthorne Limited	319008
2004-03-11	E. & E. Contractors Of Sudbury Ltd.	419036
2004-03-11	Easy Comfort Health Care Ltd.	1482145
2004-03-11	Everything’s Perk’n Inc.	1007413
2004-03-11	G.G. Stewart Associates Inc.	910181
2004-03-11	Grindstone ’91 Inc.	938252
2004-03-11	Grzebien Design Ltd.	819017
2004-03-11	Just So Catering Ltd.	915808
2004-03-11	L.G. Laszlo Associates Engineering Services Ltd.	361023
2004-03-11	Lakewood Apartments Ltd.	1052111
2004-03-11	Multi-Ling Software Quality Assurance Inc.	1310827
2004-03-11	Omega Apparel Limited	131072
2004-03-11	Perm-A-Lock Industries Ltd.	1493730
2004-03-11	R.W. Gleason Consulting Inc.	884310
2004-03-11	Renaz Originals Inc.	558312
2004-03-11	Site Craft Inc.	1427204
2004-03-11	Spectra Consumer Products Inc.	1233366
2004-03-11	Sweet Harvest Bakery Limited	1104749
2004-03-11	The Anthony Burschel Corporation	1024397
2004-03-11	Tim Kuipers Developments Ltd.	941033
2004-03-11	Tree Fruit Beverages Co. Inc.	1103977
2004-03-11	Vern Clarke Enterprises Limited	88146
2004-03-11	Web Creator Corp.	1408418
2004-03-11	Wil-Ol Holdings (London) Limited	447193
2004-03-11	York Diagnostic Imaging Ltd.	2019775
2004-03-11	1033478 Ontario Inc.	1033478
2004-03-11	1182357 Ontario Inc.	1182357
2004-03-11	1214933 Ontario Limited	1214933
2004-03-11	1280062 Ontario Ltd.	1280062
2004-03-11	1281451 Ontario Inc.	1281451
2004-03-11	1301914 Ontario Inc.	1301914
2004-03-11	1395024 Ontario Limited	1395024
2004-03-11	1425227 Ontario Inc.	1425227
2004-03-11	1616 Ouellette Avenue Ltd.	838673
2004-03-11	430157 Ontario Ltd.	430157
2004-03-11	482739 Ontario Limited	482739
2004-03-11	488349 Ontario Limited	488349
2004-03-11	674950 Ontario Ltd.	674950
2004-03-11	779073 Ontario Ltd.	779073
2004-03-11	949627 Ontario Limited	949627
2004-03-11	975173 Ontario Inc.	975173
2004-03-12	Aroma Trading Co. Ltd.	814924
2004-03-12	Avenue Financial Group Inc.	1387217
2004-03-12	Gredmann Canada Inc.	863790
2004-03-12	Tenway Inc.	1475039
2004-03-12	1137284 Ontario Ltd.	1137284
2004-03-12	1392701 Ontario Ltd.	1392701
2004-03-12	1490811 Ontario Inc.	1490811
2004-03-15	Bid Services Limited	339062
2004-03-15	Conpro Sales Associates Inc.	913881
2004-03-15	Glenn Anderson General Contracting Ltd.	1317906
2004-03-15	J-Group Inc.	1330471
2004-03-15	Mac For Kids Publications Inc.	1077622
2004-03-15	Mhz Db Consulting Inc.	1549584
2004-03-15	Robert D. Cooper Company Inc.	667057
2004-03-15	Terminal 3 Leasing Corporation	829498
2004-03-15	1314999 Ontario Inc.	1314999
2004-03-15	748236 Ontario Limited	748236
2004-03-16	A&B Global Enterprises Ltd.	869486
2004-03-16	F.C. Importing Dante Ltd.	548150
2004-03-16	M.D.F. Haulage Ltd.	1207077
2004-03-16	Port Elgin Cinemas Ltd.	1263534
2004-03-16	652057 Ontario Limited	652057
2004-03-17	Dusty Miller Antiques Inc.	286349
2004-03-17	Jaenan Services Inc.	924501
2004-03-17	Linda Sargent Enterprises Inc.	817809
2004-03-17	New Ace Restaurant & Tavern Ltd.	355709
2004-03-17	Reppenhagen Roller Limited	788407
2004-03-17	1068358 Ontario Inc.	1068358
2004-03-18	Carpe Deum Consulting And Training Inc.	1427088
2004-03-18	Casino Canada Inc.	794521
2004-03-18	The Bradford Loonie Shop Inc.	982737
2004-03-18	Unicor Plastic Machinery Inc.	1218386
2004-03-18	Your Photo Fantasy Inc.	603757
2004-03-18	1043010 Ontario Inc.	1043010
2004-03-19	Bolton Manufacturers Agency Inc.	849860
2004-03-19	Clymax Fashions Inc.	1480558
2004-03-19	Kitchener Bakery Ltd.	913774
2004-03-19	Omnivalor Holdings Limited	423987
2004-03-19	Subway Development Of Essex County Inc.	1109181
2004-03-19	1196825 Ontario Inc.	1196825
2004-03-19	1403534 Ontario Inc.	1403534
2004-03-19	1477883 Ontario Limited	1477883
2004-03-19	731621 Ontario Ltd.	731621
2004-03-19	891180 Ontario Ltd.	891180
2004-03-19	904285 Ontario Limited	904285
2004-03-22	E.S.T. Management Inc.	1062133
2004-03-22	Electronic File Imaging Systems Inc.	986048
2004-03-22	Goldschmid Carpentry Ltd.	356175
2004-03-22	Halton Road Service Inc.	939402
2004-03-22	Industrial Adhesives Company (Canada) Ltd.	1198024
2004-03-22	K-Plating Management Limited	383666
2004-03-22	Kevrob Inc.	715488
2004-03-22	Kspv 1993 Limited	1044381
2004-03-22	Le-Han Dental & Medical Inc.	1165701
2004-03-22	M.T.R. Associates Insurance Brokers (1993) Ltd.	1053022
2004-03-22	Mcconnell Contractors Limited	239163
2004-03-22	Tennyson And Hodgson Advertising Limited.	361904
2004-03-22	1125111 Ontario Ltd.	1125111
2004-03-22	1162861 Ontario Inc.	1162861
2004-03-22	1394985 Ontario Inc.	1394985
2004-03-22	1529407 Ontario Inc.	1529407
2004-03-22	248763 Ontario Inc.	248763
2004-03-23	A&A Insurance Services Ltd.	1155370
2004-03-23	B-Wise Developments Ltd.	1134896
2004-03-23	Briefs By Bryant Inc.	1275216
2004-03-23	Colin’s Sales Agency (U.S.A.) Ltd.	1020748
2004-03-23	Faemar Inc.	1493979
2004-03-23	G.K. Strachan Engineering Inc.	1378884
2004-03-23	I Lovat Entertainment Inc.	1428212
2004-03-23	J Su Holdings Limited	1162422
2004-03-23	Kamstra Flower And Garden Centre Ltd.	397285
2004-03-23	Koganei Industrial Pneumatic Products Corporation	1270079
2004-03-23	New Peerless Auto Collision Inc.	1539014
2004-03-23	Pagat Industries Ltd.	1056512
2004-03-23	Pernfuss Roofing Inc.	1366275
2004-03-23	Terrain Analysis And Mapping Services Ltd.	295950
2004-03-23	The Bicycle Shop (London) Limited	379303
2004-03-23	1093967 Ontario Ltd.	1093967
2004-03-23	1097991 Ontario Inc.	1097991
2004-03-23	1141345 Ontario Limited	1141345
2004-03-23	1221112 Ontario Limited	1221112
2004-03-23	1249264 Ontario Inc.	1249264
2004-03-23	1448877 Ontario Inc.	1448877
2004-03-23	1508137 Ontario Inc.	1508137
2004-03-23	772785 Ontario Limited	772785
2004-03-23	869145 Ontario Ltd.	869145
2004-03-23	889591 Ontario Limited	889591
2004-03-23	892060 Ontario Limited	892060
2004-03-23	944656 Ontario Ltd.	944656
2004-03-23	985960 Ontario Inc.	985960
2004-03-23	987173 Ontario Inc.	987173
2004-03-24	C.E.L. (Charms) Productions Limited	2002008
2004-03-24	Canada Movie Ng Development Company Ltd.	1449211
2004-03-24	Golden City Casino & Rentals Inc.	1181224
2004-03-24	Integral Utilities Inc.	1169164
2004-03-24	Ivens Enterprises Inc.	1196499
2004-03-24	Juvenile International Incorporated	497937
2004-03-24	Riseway Enterprises Inc.	1502972
2004-03-24	Treemill Manufacturing Incorporated	988423
2004-03-24	Walter And Henry Productions Limited	1422763
2004-03-24	Wintre Holdings Limited	879262
2004-03-24	Yin Wah Trading (Canada) Limited	1040999
2004-03-24	1324629 Ontario Inc.	1324629
2004-03-24	1486679 Ontario Inc.	1486679
2004-03-24	532795 Ontario Ltd.	532795
2004-03-24	758826 Ontario Ltd.	758826
2004-03-25	Ch-Line Fashion Co. Ltd.	1546357
2004-03-25	Contract Managers & Administration Ltd.	1106651
2004-03-25	Jesell Development Corporation	1164581
2004-03-25	L. A. Zalkind & Associates Limited	141730
2004-03-25	Petro-Maritime Inc.	1396896
2004-03-25	Public Auto Sales Inc.	972485
2004-03-25	Templeton-Lepek Limited	697970
2004-03-25	The Fourth Quantum Inc.	1203535
2004-03-25	Ventures In Trade Inc.	841959
2004-03-25	1158673 Ontario Inc.	1158673
2004-03-25	1163935 Ontario Ltd.	1163935
2004-03-25	1423282 Ontario Limited	1423282
2004-03-25	731027 Ontario Limited	731027
2004-03-26	Airport Road Holdings Limited	264492
2004-03-26	Donnway West Properties Inc.	787003
2004-03-26	Joe Bilecky Plumbing Limited	405986
2004-03-26	Meaford Energy Services Inc.	1376497
2004-03-26	Raglan Industries (Milton) Inc.	1267361
2004-03-26	Tgtbt Consulting Inc.	1437530
2004-03-26	1054287 Ontario Inc.	1054287
2004-03-26	994279 Ontario Inc.	994279

B. G. Hawton,
Director, Companies and Personal Property
Security Branch
(137-G136)

Notice of Default in Complying with the Corporations Information Act

Notice Is Hereby Given under subsection 241 (3) of the Business Corporations Act that unless the corporations listed hereunder comply with the filing requirements under the Corporations Information Act within 90 days of this notice orders dissolving the corporation(s) will be issued. The effective date precedes the corporation listings.

Date	Name of Corporation	Ontario Corporation Number
2004-03-18	C.A.C. Inc.	743516
2004-03-18	Commercial Mortgage Corporation	1322797
2004-03-18	Jab Software Inc.	1020685

B. G. Hawton,
Director, Companies and Personal Property
Security Branch
(137-G134)

Cancellation of Certificates of Incorporation (Corporations Tax Act Defaulters)

Notice Is Hereby Given that, under subsection 241 (4) of the Business Corporations Act, the Certificates of Incorporation of the corporations named hereunder have been cancelled by an Order dated 15 March, 2004 for default in complying with the provisions of the Corporations Tax Act, and the said corporations have been dissolved on that date.

Date	Name of Corporation	Ontario Corporation Number
15 March, 2004	Assured Immigration Inc.	1158671
15 March, 2004	Ballycastle Realty Limited	121192
15 March, 2004	Beauchamp, Mills & Associates Inc.	719112
15 March, 2004	C.D.C. Auto Collision Ltd.	1306093
15 March, 2004	Cambrian Mortgage And Loan (Ontario) Limited	935442
15 March, 2004	Charlyn Freight Inc.	925225
15 March, 2004	Coffee Drops Inc.	629813
15 March, 2004	D.J. Taylor Plastics Inc.	483574
15 March, 2004	Danscan Supply Limited	616067
15 March, 2004	David-King General Equipment And Technology Co. Ltd.	1390299
15 March, 2004	Deer Valley Productions Ltd.	1179762
15 March, 2004	Douglas A. Smith & Associates Limited	275533
15 March, 2004	Enterprise Reengineering Inc.	1055211
15 March, 2004	Fancyknit Trading Co. Ltd.	1025592
15 March, 2004	Faye Dance Inc.	360462
15 March, 2004	Five Seas Holdings Inc.	479747
15 March, 2004	Futura Software Inc.	1378175
15 March, 2004	Gastown East Properties Ltd.	960825
15 March, 2004	Greerdon Holdings Inc.	897266
15 March, 2004	Henry Gruenstein Investments Ltd.	610839
15 March, 2004	J.D. Row Financial Corp.	1062570
15 March, 2004	Juliani Fashion Corporation	1386938
15 March, 2004	Kelyn Corp.	1148899
15 March, 2004	Le Capuccino’s Ltd.	774127
15 March, 2004	M And H Poultry Inc.	1037225
15 March, 2004	Merit Holdings 2000 Corporation	1384365
15 March, 2004	Montego Export Inc.	1015502
15 March, 2004	Neil Jibb Construction Limited	390890
15 March, 2004	Novovision Media Inc.	783656
15 March, 2004	Nuform Construction Inc.	991366
15 March, 2004	Ontario Public Affairs Group Inc.	1240157
15 March, 2004	Para Legal Limited	725634
15 March, 2004	Pluto Enterprises Of Ottawa Limited	284465
15 March, 2004	Pobee Shipping (Posh) Inc.	1280759
15 March, 2004	Praesidium Business Associates Incorporated	851106
15 March, 2004	Presstine Dry Cleaners (Hamilton) Limited .	1186404
15 March, 2004	Retained Visual Corporation	1193172
15 March, 2004	Rodon Lasers Inc.	629270
15 March, 2004	Safi’s Doner House Inc.	1290366
15 March, 2004	Salon Boutique Limited	202951
15 March, 2004	Sam Calder & Company Inc.	612596
15 March, 2004	Shirley’s Electrolysis Ltd.	615045
15 March, 2004	Simple Energy Savers Inc.	1263733
15 March, 2004	Smith Electrical & Mechanical Wholesalers Inc.	1283841
15 March, 2004	Snowscape Venture Tours Inc.	1039488
15 March, 2004	The Knotty Pine Inc.	1105497
15 March, 2004	Trikon Corporation	1061360
15 March, 2004	V & J Cope Limited	150640
15 March, 2004	1077820 Ontario Inc.	1077820
15 March, 2004	1091769 Ontario Inc.	1091769
15 March, 2004	1102477 Ontario Limited	1102477
15 March, 2004	1119918 Ontario Limited	1119918
15 March, 2004	1138959 Ontario Ltd.	1138959
15 March, 2004	1150048 Ontario Inc.	1150048
15 March, 2004	1202530 Ontario Inc.	1202530
15 March, 2004	1266490 Ontario Limited	1266490
15 March, 2004	1292403 Ontario Inc.	1292403
15 March, 2004	1338686 Ontario Limited	1338686
15 March, 2004	1389568 Ontario Inc.	1389568
15 March, 2004	1395725 Ontario Limited	1395725
15 March, 2004	1402181 Ontario Inc.	1402181
15 March, 2004	24/7 Film Support Services Inc.	1395743
15 March, 2004	278934 Ontario Inc.	278934
15 March, 2004	527110 Ontario Ltd.	527110
15 March, 2004	611587 Ontario Ltd.	611587
15 March, 2004	674535 Ontario Limited	674535
15 March, 2004	735518 Ontario Limited	735518
15 March, 2004	744629 Ontario Inc.	744629
15 March, 2004	788263 Ontario Limited	788263
15 March, 2004	805464 Ontario Inc.	805464
15 March, 2004	854375 Ontario Limited	854375
15 March, 2004	870309 Ontario Inc.	870309
15 March, 2004	896592 Ontario Limited	896592
15 March, 2004	974494 Ontario Limited	974494
15 March, 2004	996710 Ontario Inc.	996710

B. G. Hawton,
Director, Companies and Personal Property
Security Branch
(137-G135)

Orders in Council

O.C. 570/2004

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and concurrence of the Executive Council, orders that:

Pursuant to subsection 5(1) of the Executive Council Act, the powers and duties that have been assigned or may be assigned by law to any Minister of the Crown shown in Column 1, be assigned and transferred to another Minister, shown in Column 2 opposite, to be exercised from time to time during the absence of the Minister shown in Column 1.

	Column 1	Column 2
1	Premier and President of the Council	Minister of Finance or alternatively, Minister of Energy
2	Attorney General	Minister of Labour or alternatively, Minister of Municipal Affairs and Housing
3	Minister of Agriculture and Food	Minister of Natural Resources or alternatively, Minister of the Environment
4	Minister of Children and Youth Services	Minister of Community and Social Services or alternatively, Minister of Education
5	Minister of Citizenship and Immigration	Minister of Community Safety and Correctional Services or alternatively, Attorney General
6	Minister of Community and Social Services	Minister of Children and Youth Services or alternatively, Minister of the Environment
7	Minister of Community Safety and Correctional Services	Minister of Natural Resources or alternatively, Minister of Tourism and Recreation
8	Minister of Consumer and Business Services	Minister of Economic Development and Trade or alternatively, Chair of the Management Board of Cabinet
9	Minister of Culture	Minister of Children and Youth Services or alternatively, Minister of Transportation
10	Minister of Economic Development and Trade	Minister of Community Safety and Correctional Services or alternatively, Minister of Finance
11	Minister of Education	Minister of Training, Colleges and Universities or alternatively, Minister of Children and Youth Services
12	Minister of Energy	Attorney General or alternatively, Minister of Finance
13	Minister of the Environment	Minister of Tourism and Recreation or alternatively, Minister of Natural Resources
14	Minister of Finance	Chair of the Management Board of Cabinet or alternatively, Minister of Energy
15	Minister of Health and Long-Term Care	Minister of Community and Social Services or alternatively, Minister of Education
16	Minister of Intergovernmental Affairs	Minister of Municipal Affairs and Housing or alternatively, Minister of Economic Development and Trade
17	Minister of Labour	Minister of Natural Resources or alternatively, Minister of Energy
18	Minister of Municipal Affairs And Housing	Minister of Public Infrastructure Renewal or alternatively, Minister of Agriculture and Food
19	Minister of Natural Resources	Minister of the Environment or alternatively, Minister of Northern Development and Mines
20	Minister of Northern Development and Mines	Minister of Natural Resources or alternatively, Minister of Economic Development and Trade
21	Minister of Public Infrastructure Renewal	Minister of Municipal Affairs and Housing or alternatively, Chair of the Management Board of Cabinet
22	Minister of Tourism and Recreation	Minister of Municipal Affairs and Housing or alternatively, Minister of Health and Long-Term Care
23	Minister of Training, Colleges and Universities	Minister of Education or alternatively, Minister of Children and Youth Services
24	Minister of Transportation	Minister of Public Infrastructure Renewal or alternatively, Minister of Municipal Affairs and Housing

Further, that in the absence of the Chair of the Management Board of Cabinet, his or her powers and duties be transferred to the Vice-Chair of the Management Board of Cabinet and, in his or her absence, to the Minister of Energy, subject to the provisions of section 2 of the Management Board of Cabinet Act.

And that Order in Council numbered O.C. 1659/2003 be revoked.

Recommended
Dalton McGuinty,
Premier and President of the Council

Concurred
Dwight Douglas Duncan,
Chair of Cabinet

Approved and Ordered, March 26, 2004.

James K. Bartleman,
Lieutenant Governor

O.C. 571/2004

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and concurrence of the Executive Council, orders that:

Whereas pursuant to subsection 2(1) of the Executive Council Act, R.S.O 1990, c. E.25, a member of the Executive Council has been appointed under the Great Seal to hold office as the Minister of Municipal Affairs and Housing;

Pursuant to subsection 2(2) of the Executive Council Act, the Minister of Municipal Affairs and Housing shall preside over a ministry known as the Ministry of Municipal Affairs and Housing;

And pursuant to subsections 2(2) and 5(1) of the Executive Council Act, the Minister of Municipal Affairs and Housing shall exercise all powers and duties and preside over all programs and activities with respect to municipal affairs and housing except for affordable housing programs under the May 2002 Cmhc-Ontario Affordable Housing Program Agreement or any revision of that Agreement and affordable housing programs under any new Cmhc-Ontario affordable housing agreement;

And pursuant to subsections 2(2) and 5(1) of the Executive Council Act, notwithstanding any provision of a statute or Order in Council, the administration of the statutes set out in the appendix to this Order is assigned to the Minister of Municipal Affairs and Housing;

And That Order in Council O.C. 1711/2003 dated November 24, 2003 and published in the Ontario Gazette on January 17, 2004 and Order in Council O.C. 1712/2003 dated November 24, 2003 and published in the Ontario Gazette on January 10, 2004 are revoked.

Recommended
Dalton McGuinty,
Premier and President of the Council

Concurred
Dwight Douglas Duncan,
Chair of Cabinet

Approved and Ordered, March 26, 2004.

James K. Bartleman,
Lieutenant Governor

Appendix

Statutes Administered by the Minister of Municipal Affairs and Housing

Building Code Act, 1992, S.O. 1992, c. 23
City of Greater Sudbury Act, 1999, S.O. 1999, c. 14, Sched. A
City of Hamilton Act, 1999, S.O. 1999, c. 14, Sched. C
City of Kawartha Lakes Act, 2000, S.O. 2000, c. 43
City of Ottawa Act, 1999, S.O. 1999, c. 14, Sched. E
City of Toronto Act, 1997, S.O. 1997, c. 2
City of Toronto Act, 1997 (No. 2), S.O. 1997, c. 26
Commercial Tenancies Act, R.S.O 1990, c. L.7
Development Charges Act, 1997, S.O. 1997, c. 27
Elderly Persons’ Housing Aid Act, R.S.O 1990, c. E.5
Geographic Township of Creighton-Davies Act, 1997, S.O. 1997, c.33
Geographic Township of Hansen Act, 1986, S.O. 1986, c. 52
Housing Development Act, R.S.O 1990, c. H.18
Line Fences Act, R.S.O 1990, c. L.17
Ministry of Municipal Affairs and Housing Act, R.S.O 1990, c. M.18
Municipal Act, 2001, S.O. 2001, c. 25
Municipal Affairs Act, R.S.O 1990, c. M.46
Municipal Arbitrations Act, R.S.O 1990, c. M.48
Municipal Conflict of Interest Act, R.S.O 1990, c. M.50
Municipal Corporations Quieting Orders Act, R.S.O 1990, c. M.51
Municipal Elections Act, 1996, S.O. 1996, c. 32, Sched.
Municipal Extra-Territorial Tax Act, R.S.O 1990, c. M.54
Municipal Franchises Act, R.S.O 1990, c. M.55
Municipal Tax Assistance Act, R.S.O 1990, c. M.59
Municipality of Shuniah Act, 1936, S.O. 1936, c. 83
North Pickering Development Corporation Act, 1974, S.O. 1974, c. 124
Oak Ridges Moraine Conservation Act, 2001, S.O. 2001, c. 31
Oak Ridges Moraine Protection Act, 2001, S.O. 2001, c. 3
Oc Transpo Payments Act, 2000, S.O. 2000, c. 19
Ontario Housing Corporation Act, R.S.O 1990, c. O.21
Ontario Municipal Employees Retirement System Act, R.S.O 1990, c. O.29
Ontario Planning and Development Act, 1994, S.O. 1994, c. 23, Sched. A
Planning Act, R.S.O 1990, c. P.13
Public Utilities Act, R.S.O 1990, c. P.52
Road Access Act, R.S.O 1990, c. R.34
Shoreline Property Assistance Act, R.S.O 1990, c. S.10
Social Housing Reform Act, 2000, S.O. 2000, c. 27
Statute Labour Act, R.S.O 1990, c. S.10
Tax Sales Confirmation Act, 1974, S.O. 1974, c. 90
Tenant Protection Act, 1997, S.O. 1997, c. 24
Territorial Division Act, 2002, S.O. 2002, c. 17, Sched. E
Toronto Islands Residential Community Stewardship Act, 1993, S.O. 1993, c. 15
Town of Haldimand Act, 1999, S.O. 1999, c. 14, Sched. B
Town of Moosonee Act, 2000, S.O. 2000, c. 5, Sched.
Town of Norfolk Act, 1999, S.O. 1999, c. 14, Sched. D

O.C. 572/2004

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and concurrence of the Executive Council, orders that:

Pursuant to subsection 2(2) of the Executive Council Act, the Minister of Public Infrastructure Renewal shall preside over a ministry known as the Ministry of Public Infrastructure Renewal;

And pursuant to subsections 2(2) and 5(1) of the Executive Council Act, the Minister of Public Infrastructure Renewal shall preside over all programs and activities with respect to affordable housing programs under the May 2002 Cmhc-Ontario Affordable Housing Program Agreement or any revision of that Agreement and affordable housing programs under any new Cmhc-Ontario affordable housing agreement;

AND pursuant to subsections 2(2) and 5(1) of the Executive Council Act, notwithstanding any provision of a statute or Order in Council, the administration of the statute set out in the appendix to this Order is assigned to the Minister of Public Infrastructure Renewal;

And That Order in Council O.C. 1710/2003 dated November 24, 2003 and published in the Ontario Gazette on January 10, 2004 is revoked.

Recommended
Dalton McGuinty,
Premier and President of the Council

Concurred
Dwight Douglas Duncan,
Chair of Cabinet

Approved and Ordered, March 26, 2004.

James K. Bartleman,
Lieutenant Governor

Appendix

Statutes Administered by the Minister of Public Infrastructure Renewal

1. Toronto Waterfront Revitalization Corporation Act, 2002, S.O. 2002, c. 28

(137-G128)

Ontario Securities Commission

National Instrument 52-108 Auditor Oversight, Multilateral Instrument 52-109 Certification Of Disclosure In Issuers’ Annual And Interim Filings And Multilateral Instrument 52-110 Audit Committees

National Instrument 52-108 Auditor Oversight (the Auditor Oversight Instrument), Multilateral Instrument 52-109 Certification of Disclosure in Issuers’ Annual and Interim Filings (the Certification Instrument) and Multilateral Instrument 52-110 Audit Committees (the Audit Committee Instrument) came into force on March 30, 2004.

The Auditor Oversight Instrument requires financial statements of reporting issuers to be audited by a public accounting firm that participates in the oversight program of the Canadian Public Accountability Board. The Certification Instrument requires chief executive officers and chief financial officers (or persons performing similar functions) of all reporting issuers (other than investment funds) to certify their issuers’ annual and interim filings. The Audit Committee Instrument prescribes the composition, responsibilities and reporting obligations for audit committees of reporting issuers (other than investment funds).

The full text of the Auditor Oversight Instrument, the Certification Instrument and the Audit Committee Instrument is available in the Ontario Securities Commission’s Bulletin at (2004) 27 Oscb 3227 and on the Commission’s web site at
http://www.osc.gov.on.ca/en/Regulation/Rulemaking/Rules/rules.html

(137-G129)

Multilateral Instrument 55-103 Insider Reporting for Certain Derivative Transactions
(Equity Monetization)

On February 28, 2004, Multilateral Instrument 55-103 Insider Reporting for Certain Derivative Transactions (Equity Monetization) came into force as a rule under the Securities Act. The rule requires insiders of public companies to file insider reports about derivative-based transactions that have a similar economic effect to insider trading transactions. The full text of the rule is available in the Ontario Securities Commission’s Bulletin at (2004) 27 Oscb 2361 and on the Commission’s web site at
http://www.osc.gov.on.ca/en/Regulation/Rulemaking/Rules/rules.html

(137-G130)

National Instrument 51-102 Continuous Disclosure Obligations, Related Forms 51-102F1 To 51-102F6 (Inclusive)
and
OSC Rule 51-801 Implementing National Instrument
51-102 Continuous Disclosure Obligations
and
Related Amendments To And Revocation Of Instruments

On March 30, 2004 National Instrument 51-102 Continuous Disclosure Obligations (NI 51-102), related Forms 51-102F1 to 51-102F6 (inclusive) and OSC Rule 51-801 Implementing National Instrument 51-102 Continuous Disclosure Obligations (Rule 51-801) came into force as rules under the Securities Act.

NI 51-102 harmonizes continuous disclosure requirements across Canada for reporting issuers other than investment funds. The following amendments to and revocations of instruments also came into force, related to NI 51-102:

related amendments to National Instrument 44-101 Short Form Prospectus Distributions;
related amendments to Form 44-101F3 Short Form Prospectus;
revocation of Form 44-101F1 Aif and Form 44-101F2 Md&A effective May 19, 2005;
related amendments to, and revocation at a later effective date of, National Instrument 62-102 Disclosure of Outstanding Share Data; and
related amendments to National Instrument 62-103 The Early Warning System and Related Take-Over Bid and Insider Reporting Issues.

Rule 51-801 implements NI 51-102 in Ontario. It includes:

related amendments to and subsequent revocation of Commission Rule 51-501 Aif and Md&A;
related amendments to and subsequent revocation of Commission Rule 52-501 Financial Statements;
revocation of Commission Rule 54-501 Prospectus Disclosure;
related amendments to Commission Rule 56-501 Restricted Shares; and
related amendments to Form 41-501F1 Information Required In A Prospectus.

The full text of the rules, amendments and revocations is available in the Ontario Securities Commission Bulletin of April 2, 2004, Volume 27, Issue 14 and on the Commission’s web site at http://www.osc.gov.on.ca/en/Regulation/Rulemaking/Rules/rules.html

National Instrument 71-102 Continuous Disclosure And Other Exemptions Relating To Foreign Issuers
AND
OSC Rule 71-802 Implementing National Instrument 71-102 Continuous Disclosure And
Other Exemptions Relating To Foreign Issuers

On March 30, 2004 National Instrument 71-102 Continuous Disclosure and Other Exemptions Relating to Foreign Issuers (NI 71-102) and OSC Rule 71-802 Implementing National Instrument 71-102 Continuous Disclosure and Other Exemptions Relating to Foreign Issuers (Rule 71-802) came into force as rules under the Securities Act.

NI 71-102 provides a nationally harmonized set of exemptions from certain continuous disclosure and other requirements for certain foreign reporting issuers.

Rule 71-802 implements NI 71-102 in Ontario.

The full text of the rules is available in the Ontario Securities Commission Bulletin of April 2, 2004, Volume 27, Issue 14 and on the Commission’s web site at http://www.osc.gov.on.ca/en/Regulation/Rulemaking/Rules/rules.html

(137-G131)

Multilateral Instrument 45-102 Resale of Securities and Consequential Amendments to National Instrument 13-101 System for Electronic Document Analysis and Retrieval (Sedar), National Instrument 62-101 Control Block Distribution Issues, and Ontario Securities Commission Rule 45-501 Exempt Distributions

On March 30, 2004, Multilateral Instrument 45-102 Resale of Securities and consequential amendments to National Instrument 13-101 System for Electronic Document Analysis and Retrieval (Sedar), National Instrument 62-101 Control Block Distribution Issues, and Ontario Securities Commission Rule 45-501 Exempt Distributions came into force as rules under the Securities Act. Multilateral Instrument 45-102 imposes resale restrictions on first trades in securities initially distributed under an exemption from the prospectus requirement.

The full text of Multilateral Instrument 45-102 and the consequential amendments are available in the Ontario Securities Commission Bulletin of April 2, 2004, Volume 27, Issue 14 and on the Commission’s web site at
http://www.osc.gov.on.ca/en/Regulation/Rulemaking/Rules/rules.html

(137-G132)

Foreign Cultural Objects Immunity from Seizure Act Determination

Pursuant to delegated authority and in accordance with subsection 1(1) of the Foreign Cultural Objects Immunity from Seizure Act, R.S.O 1990, c.F.23, the works of art or objects of cultural significance listed in the attached Schedule “A”, which works or objects are to be on temporary exhibition during the Appeasing the Spirits: Alaskan Coastal Cultures exhibition at the Bata Shoe Museum in Toronto pursuant to an agreement between the Bata Shoe Museum and the Peter the Great Museum of Anthropology and Ethnography (Kunstkamera) of the Russian Academy of Sciences are hereby determined to be of cultural significance and the temporary exhibition of these works or objects in Ontario to be in the interest of the people of Ontario.

Determined by Marjorie Mercer, Assistant Deputy Minister

Date, April 2, 2004

Appeasing the Spirits: Alaskan Coastal Cultures

Schedule “A”

List of Works

Title: Appeasing the Spirits: Alaskan Coastal Cultures Schedule

(137-G138)

Financial Services Commission of Ontario

April 10, 2004

Toronto

RE: Financial Services Commission of Ontario Priorities – Request for Submissions

The Financial Services Commission of Ontario Act, 1997 (the “FSCO Act”) requires the Financial Services Commission of Ontario to deliver to the Minister of Finance and publish in The Ontario Gazette, a statement setting out the proposed priorities of the Commission for the following fiscal year in connection with the administration of the Insurance Act, the Compulsory Automobile Insurance Act, the Motor Vehicle Accident Claims Act, the Marine Insurance Act, the Prepaid Hospital and Medical Services Act, the Co-operative Corporations Act, the Credit Unions and Caisses Populaires Act, the Loan and Trust Corporations Act, the Mortgage Brokers Act, the Pension Benefits Act and the Registered Insurance Brokers Act, together with a summary of the reasons for the adoption of those priorities.

The statement of priorities for the coming fiscal year will be submitted to the Minister of Finance in June 2004 and will be published in The Ontario Gazette shortly thereafter.

In keeping with the FSCO Act and the Commission’s goal of furthering transparency in the regulatory process, the Commission invites interested parties to make written submissions regarding their views as to the matters that should be identified as priorities of the Financial Services Commission of Ontario.

The draft Statement of Priorities 2004 is posted on the FSCO web site at: http://www.fsco.gov.on.ca

For a copy of the Statement of Priorities, or to forward submissions by June 4, 2004, please contact:

Chief Executive Officer
and Superintendent of Financial Services
Financial Services Commission of Ontario
5160 Yonge Street, Box 85
Toronto, Ontario
M2N 6L9

Tel.: (416) 590-7298
Toll Free: 1 (800) 668-0128
Fax: (416) 590-7070
E-mail: priorities@fsco.gov.on.ca

(137-G133)

Ontario Garage Automobile Policy (O.A.P.4)

Approved by the superintendent of Financial Services for use as the standard Garage automobile Policy on or after June 1, 2004

Index

Section 1. Third Party Liability

Section 2. Accident Benefits

Section 3. Uninsured Automobile Coverage

Section 4. Direct Compensation – Property Damage

Section 5. Loss Of Or Damage To Owned Automobiles

Section 6. Liability For Damage To A Customer’s Automobile While In The Care, Custody Or Control Of The Insured

Section 7. General Provisions, Definitions And Exclusions

Section 8. Statutory Conditions

Ontario Garage Automobile Policy
(O.A.P. 4)

Please note that the General Provisions, Definitions, Exclusions and Statutory Conditions of this Policy found in Section 7 and Section 8, except as otherwise stated in those Sections, apply to every Section of the Policy. Each Section of the Policy should be read subject to the provisions in Sections 7 and 8.

Warning – Offences

It is an offence under the Insurance Act to knowingly make a false or misleading statement or representation to an insurer in connection with the person’s entitlement to a benefit under a contract of insurance, or to wilfully fail to inform the insurer of a material change in circumstances within 14 days, in connection with such entitlement. The offence is punishable on conviction by a maximum fine of $100,000 for the first offence and a maximum fine of $200,000 for any subsequent conviction.

It is an offence under the federal Criminal Code for anyone to knowingly make or use a false document with the intent it be acted on as genuine and the offence is punishable, on conviction, by a maximum of 10 years imprisonment.

It is an offence under the federal Criminal Code for anyone, by deceit, falsehood, or other dishonest act, to defraud or to attempt to defraud an insurance company. The offence is punishable, on conviction, by a maximum of 10 years imprisonment for cases involving an amount over $5,000 or otherwise a maximum of 2 years imprisonment.

Insuring Agreements

In consideration of payment of the premium specified in the Certificate of Insurance and subject to the limits, terms, conditions, provisions, definitions and exclusions stated herein, and subject to the condition that the Insurer shall be liable only under the Section(s) or subsection(s) for which a premium is stated in Item 5 of the Certificate of Insurance:

Section 1
Third Party Liability

Owned Automobiles
1. The Insurer agrees to pay on behalf of the Insured, and in the same manner and to the same extent as if named in this Policy as the Insured every other person who with the consent of the Insured drives or operates, or is an occupant of any automobile owned by the Insured, all sums which the Insured or other person is legally obligated to pay in respect of loss or damage arising from the ownership, use or operation of any automobile owned by the Insured, and resulting from Bodily Injury To Or Death Of Any Person, Or Damage To Property Of Others Not In The Care, Custody Or Control Of The Insured.
  
  Other Automobiles
2. The Insurer agrees to pay on behalf of the Insured all sums which the Insured is legally obligated to pay in respect of loss or damage arising from the use or operation of any customer’s automobile or non-owned automobile or any part of the automobile, and resulting from Bodily Injury To Or Death Of Any Person, Or Damage To Property Of Others Not In the Care, Custody Or Control Of The Insured.
  
  Exclusions
3. The Insurer Shall Not Be Liable under this Section,
  1. for loss or damage arising from the use or operation of an automobile leased by the Insured from another under a lease contract for a period exceeding thirty days and which requires the Insured to effect and maintain insurance;
  2. for loss or damage to property carried in or upon an owned automobile, customer’s automobile or non-owned automobile;
  3. for loss or damage to any property owned or rented by, or in the care, custody or control of any person insured by this Section;
  4. for loss or damage to any customer’s automobile;
  5. for any amount in excess of the limits stated in Item 5, Section 1of the Certificate of Insurance and expenditures provided for in the Additional Agreements of this Section, subject to the provisions of Section 255 of the Insurance Act (Nuclear Energy Hazard); or
  6. for any liability arising from contamination of property carried in the automobile.
  Additional Agreements Of Insurer
4. Where coverage is provided by this Section, the Insurer shall,
  1. upon receipt of notice of loss or damage caused to persons or property, make such investigations, negotiations or settlement of any resulting claims on behalf of any person insured by this Policy as may be deemed expedient by the Insurer;
  2. defend in the name and on behalf of any person insured by this Policy and at the cost of the Insurer any civil action which may be brought against such person on account of such loss or damage to persons or property;
  3. pay all costs assessed against any person insured by this Policy in any civil action defended by the Insurer and any interest accruing after judgment upon that part of the judgment which is within the limits of the Insurer’s liability;
  4. if the injury is to a person, reimburse any person insured by this Policy for amounts paid for such medical aid as is immediately necessary at the time of such injury;
  5. be liable up to the minimum limit prescribed in a jurisdiction covered by this Policy in which the accident occurred, if that limit is higher than the limit in Item 5, Section 1 of the Certificate of Insurance; and
  6. not set up any defence to a claim that might not be set up if the Policy were a motor vehicle liability policy issued in a jurisdiction covered by this Policy in which the accident occurred.
  Multiple Insureds
5. Coverage under this Section is available in respect of a claim or action by one named Insured against another named Insured, provided,
  1. coverage shall apply in the same manner and to the same extent as if Policy were issued to each Insured; and
  2. the Insurer shall not be liable for any amount in excess of the limit in Item 5, Section 1 of the Certificate of Insurance.
  Agreements Of Insured
6. Where coverage is provided by this Section, every person insured by this Policy,
  1. by the acceptance of this Policy, irrevocably appoints the Insurer as the insured person’s attorney to appear and defend in any jurisdiction covered by this Policy in which action is brought against insured persons arising out of the ownership, use or operation of the automobile; and
  2. shall reimburse the Insurer, upon demand, any amount which the Insurer has paid by reason of the provisions of any statute relating to automobile insurance and which the Insurer would not otherwise be liable to pay under this Policy.
Section 2
Accident Benefits

Please note that the General Provisions, Definitions, Exclusions and Statutory Conditions of this Policy found in Section 7 and Section 8, except as otherwise stated in those Sections, apply to every Section of the Policy. Each Section of the Policy should be read subject to the provisions in Sections 7 and 8.
1. Who is covered
  
  For the purposes of Section 2, insured persons are defined in the Statutory Accident Benefits Schedule and an insured automobile for this purpose includes an owned, a non-owned, and a customer’s automobile as defined in this Policy. In addition, insured persons also include any person who is injured or killed in an automobile accident involving an owned, non-owned or customer’s automobile as defined in this Policy, and is not the named Insured, or the spouse, same-sex partner or dependant of a named Insured, under any other motor vehicle liability policy, and is not covered under the policy of an automobile in which they were an occupant or which struck them.
2. Types and Benefits
  The details of the Accident Benefits Coverage are set out in the Statutory Accident Benefits Schedule of the Insurance Act. This Section outlines the benefits that an insured person may be entitled to receive if injured or killed in an automobile accident. If there is a difference between the interpretation of the wording in this Section and the interpretation of the wording in the Statutory Accident Benefits Schedule, the Statutory Accident Benefits Schedule prevails.
  
  The insurance company is obligated to inform insured persons about the benefits available.
  
  The benefits in the Statutory Accident Benefits Schedule are:
  
  Income Replacement Benefit
  
  This benefit may compensate an insured person for lost income.
  
  Caregiver Benefit
  
  This benefit may provide compensation for some expenses incurred when an insured person cannot continue as the main caregiver for a member of the household who is in need of care.
  
  Non-Earner Benefit
  
  This benefit may provide compensation if an insured person is completely unable to carry on a normal life and does not qualify for an Income Replacement Benefit or Caregiver Benefit.
  
  Medical Benefit
  
  This benefit may pay for some medical expenses incurred when an insured person is injured. These are expenses that are not covered by any other medical coverage plan.
  
  Rehabilitation Benefit
  
  This benefit may pay for some rehabilitation expenses incurred when an insured person is injured. These are expenses that are not covered by any other plan.
  
  Attendant Care Benefit
  
  This benefit may compensate an insured person for some of the expense of an aide or attendant.
  
  Compensation for Other Expenses
  
  This benefit may pay for some other expenses such as the cost of visiting an insured person during treatment or recovery. It may also pay for some housekeeping and home maintenance, the repair or replacement of some items lost or damaged in the accident, and some lost educational expenses.
  
  Death Benefit
  
  This benefit may pay money to some members of the family of an insured person who is killed.
  
  Funeral Expenses
  
  This benefit may pay for some funeral expenses.
  
  Optional Benefits
  
  One or more optional benefits may be purchased to increase the basic levels of benefits provided in this Section. The optional benefits are: Increased Income Replacement; Increased Caregiver and Dependant Care; Increased Medical, Rehabilitation and Attendant Care; Increased Death and Funeral. An optional Indexation Benefit may be purchased, which provides for certain weekly benefit payments and monetary limits to increase on an annual basis to reflect changes in the cost of living.
3. How to Apply for Benefits
  1. Applying for Benefits - Procedures and Time Limits Anyone applying for Accident Benefits must advise the Insurer within 7 days of the accident. The Insurer will send an application for Accident Benefits to each applicant. The person applying for the benefits must send to the Insurer the completed application within 30 days of receiving it. An insured person may still be entitled to benefits if these time limits are not met for good reason, but payment of the benefits may be delayed. The Insurer must pay the Income Replacement Benefit, Non- Earner Benefit or Caregiver Benefit within 14 days of receiving the complete application. The Insurer must pay the Death Benefit, Funeral Benefit and Compensation for Other Expenses within 30 days of receiving the complete application. Unless the Insurer asks for an Assessment of Attendant Care Needs form within 14 days of receiving a complete application, the Insurer must pay the Attendant Care Benefit within 30 days. If an insured person is claiming the Medical Benefit or Rehabilitation Benefit, the insured person’s doctor or other member of a health profession must provide the Insurer with a treatment plan or other related forms. In some cases, the Insurer can ask an insured person to go for an independent assessment to assess the Medical, Rehabilitation or Attendant Care Benefit needs. The Insurer may ask an insured person to provide additional information in connection with the claim, such as a statutory declaration as to the circumstances that gave rise to the application, or proof of identity. The Insurer may also ask an insured person to attend an examination under oath in connection with entitlement to benefits, on reasonable advance notice and at a time and place that are convenient to the person. If the person does not participate as requested, benefits may be delayed or suspended. If the injuries fall within certain guidelines issued by the Superintendent of Financial Services, an insured person may be entitled to some medical or rehabilitation treatments without the Insurer’s prior approval and before a completed application is submitted.
  2. Choosing Which Benefit to Receive If an insured person qualifies for more than one weekly benefit, the Insurer will notify the person, who must choose which benefit he/ she will receive. The insured person may choose between the Income Replacement, Non-Earner or Caregiver Benefits. An insured person will have 30 days to make a choice.
4. Limitations on the Coverage
  An insured person is not entitled to the Income Replacement Benefit, Non- Earner Benefit or Compensation for Other Expenses if the person:
  1. knew, or should reasonably have known, that he/she was operating an automobile without insurance;
  2. was driving an automobile while not authorized by law to drive;
  3. was driving an automobile which he/she was specifically excluded from driving under this policy;
  4. knowingly operated, or should reasonably have known that the automobile was operated, without the owner’s consent;
  5. made or knew about a material misrepresentation that induced the Insurer to issue this policy;
  6. intentionally failed to notify the Insurer of any significant changes as required under Section 8, section 1 - Material Change in Risk; or
  7. was convicted of a criminal offence involving the operation of an automobile.
Section 3
Uninsured Automobile Coverage
Please note that the General Provisions, Definitions, Exclusions and Statutory Conditions of this Policy found in Section 7 and Section 8, except as otherwise stated in those Sections, apply to every Section of the Policy. Each Section of the Policy should be read subject to the provisions in Sections 7 and 8.
1. The Insurer agrees to pay all sums that,
  1. a person insured under the Policy is legally entitled to recover from the owner or driver of an uninsured automobile or unidentified automobile as damages for bodily injuries resulting from an accident involving an automobile;
  2. any person is legally entitled to recover from the owner or driver of an uninsured automobile or unidentified automobile as damages for bodily injury to or the death of a person insured under the Policy resulting from an accident involving an automobile; and
  3. a person insured under the Policy is legally entitled to recover from the identified owner or driver of an uninsured automobile as damages for accidental damage to the insured automobile or its contents, or to both the insured automobile and its contents, resulting from an accident involving an automobile.
  Definitions
2. For the purposes of this Section,
  1. “insured automobile” means an owned, non-owned or customer’s automobile;
  2. “person insured under the Policy” means,
    1. in respect of a claim for damage to the insured automobile, the owner of the automobile,
    2. in respect of a claim for damage to the contents of the insured automobile, the owner of the contents,
    3. in respect of a claim for bodily injury or death,
      1. any person while an occupant of the insured automobile,
      2. if the Insured and his or her spouse or same-sex partner and any dependent relative of the insured, his or her spouse or same sex partner,
        
        while an occupant of an uninsured automobile, or
        
        while not the occupant of an automobile or of rolling stock that runs on rails, who is struck by an uninsured or unidentified automobile,
      3. if the Insured is a corporation, unincorporated association or partnership, any director, officer, employee or partner of the Insured for whose regular use the insured automobile is furnished, and his or her spouse or same-sex partner and any dependent relative of the person or the spouse or same-sex partner,
        
        while an occupant of an uninsured automobile, or,
        
        while not the occupant of an automobile or of rolling stock that runs on rails, who is struck by an uninsured or unidentified automobile,
    provided such director, officer, employee or partner or his or her spouse or same-sex partner is not the owner of an automobile insured under a motor vehicle liability policy;
  3. “unidentified automobile” means an automobile with respect to which the identity of either the owner or driver cannot be ascertained;
  4. “uninsured automobile” means an automobile with respect to which neither the owner nor driver thereof has applicable and collectible bodily injury liability and property damage liability insurance for its ownership, use or operation, but does not include an automobile owned by or registered in the name of the Insured or his or her spouse or same-sex partner.
  Qualification of Dependent Relative
3. Where a dependent relative referred to in paragraph 3.2.2 (c) (ii) is the owner of an automobile insured under a contract or sustains bodily injuries or dies as the result of an accident while the occupant of his or her own uninsured automobile, such dependent relative shall be deemed not to be a dependent relative for the purposes of this Section.
4. The following terms, conditions, provisions, exclusions and limits prescribed by the regulations made under section 265 of the Insurance Act apply to the coverage under this Section.
  
  Limits and Exclusions
5. The Insurer Shall Not Be Liable to make any payment,
  1. for any amount in excess of the minimum limits for automobile liability insurance in the jurisdiction in which the accident occurs regardless of the number of persons injured or killed or the damage to the automobile and contents, and in no event shall the Insurer be liable for any amount in excess of the minimum limits set out in section 251 of the Insurance Act;
  2. where the person insured under the Policy is entitled to recover money under the third party liability section of a motor vehicle liability policy;
  3. to any person involved in an accident in a jurisdiction in which a valid claim may be made for such payment against an unsatisfied judgment or similar fund;
  4. for any loss or damage caused directly or indirectly by radioactive material;
  5. in respect of damages for accidental damage to the insured automobile and its contents, for the first $300 of any loss in any one occurrence nor any amount in excess of $25,000; or
  6. for loss or damage referred to in subsection 3.1 that occurs while the insured automobile is being operated by an excluded driver.
6. Where by reason of any one accident, liability results from bodily injury or death and from damage to the insured automobile or its contents,
  1. claims arising out of bodily injury or death have priority to the extent of 95 percent of the amount payable over claims arising out of damage to the insured automobile and its contents; and
  2. claims arising out of damage to the insured automobile and its contents have priority to the extent of 5 percent over claims arising out of bodily injury or death.
  Accidents Involving Unidentified Automobiles
7. Where an unidentified automobile has caused bodily injury or death to a person insured under the Policy,
  1. the person insured under the Policy, or his or her representative, shall report the accident to a police, peace or judicial officer within twenty four hours after it occurs or as soon as practicable after that time;
  2. the person, or his or her representative, shall give the Insurer a written statement within thirty days after the accident occurs or as soon as is practicable after that date setting out the details of the accident;
  3. the statement shall state whether the accident was caused by a person whose identity cannot be ascertained and whether the person insured under the Policy was injured or killed and property was damaged in the accident; and
  4. the person, or his or her representative, shall make available for inspection by the Insurer on request the automobile in which the person was an occupant when the accident occurred.
  Determination of Legal Liability and
  Amount of Damages
8. The determination as to whether the person insured under the Policy is legally entitled to recover damages, and, if so entitled, the amount thereof shall be determined,
  1. by agreement between the person insured under the Policy and the Insurer;
  2. at the request of the person insured under the Policy, and with the consent of the Insurer, by arbitration by some person to be chosen by both parties, or if they cannot agree on one person, then by two persons, one to be chosen by the person insured under the Policy and the other by the Insurer and a third person to be appointed by the persons so chosen; or
  3. by a court of competent jurisdiction in Ontario in an action brought against the Insurer by the person insured under the Policy, and unless the determination has been previously made in a contested action by a court of competent jurisdiction in Ontario, the Insurer may include in its defence the determination of liability and the amount thereof.
9. The Arbitration Act, 1991 applies to every arbitration under subsection 3.8 (b).
  
  Notice of Legal Action
10. Where the person insured under the Policy or his or her representative commences a legal action for damages against any other person owning or operating an automobile involved in an accident, a copy of the document(s) initiating a claim for damages shall be delivered or sent by registered mail immediately to the chief agent or head office of the Insurer in Ontario.
11. Subject to subsections 3.5 and 3.6, where the person insured under the Policy or his or her representative obtains a judgment against the other person referred to in subsection 3.10 but is unable to recover, or to recover fully the amount of that judgment, the Insurer shall on request pay the amount of that judgment or, as the case may be, the difference between what the person has recovered under that judgment and the amount of that judgment.
12. Before making any such payment, the Insurer may require that the person insured under the Policy or his or her representative assign the judgment, or the balance of the judgment, as the case may be, to the Insurer and the Insurer shall account to the person insured under the Policy for any recovery it makes under that judgment for any amount in excess of what it has paid to that person and its costs.
  
  Notice and Proof of Claim
13. A person entitled to make a claim in respect of the bodily injury or death of a person insured under the Policy shall do so in accordance with the following;
  1. the claimant shall give the Insurer written notice of the claim within thirty days after the accident, or as soon as is practicable after that date;
  2. the claimant shall give the Insurer, within ninety days after the accident, or as soon as is practicable after that date, such proof as is reasonably possible in the circumstances of the accident, the resulting loss and the claim;
  3. the claimant shall provide the Insurer on request with a certificate of the medical or psychological advisor of the person insured under the Policy stating the cause of the injury or death, and, if applicable, the nature of the injury and the expected duration of any disability; and
  4. the claimant shall provide the Insurer with the details of any other insurance policy, other than a life insurance policy, to which the claimant may have recourse.
14. Subject to Statutory Condition 7, Statutory Condition 6 applies with necessary modifications with respect to a claim for damages to the insured automobile or its contents.
  Medical Examinations
15. On reasonable notice, the Insurer may require the person insured under the Policy to undergo an examination by a qualified medical or psychological advisor as often as the Insurer reasonably requires.
16. The Insurer will pay for any examination it requires under subsection 3.15.
17. The Insurer shall provide a copy of the medical report to a person making a claim under the Policy, or to the person’s representative, upon request.
  
  Limitations
18. No person is entitled to bring an action to recover the amount of a claim provided for under the Policy, as required by section 265 (1) of the Insurance Act, unless the requirements of this Section with respect to the claim have been complied with.
19. An action or proceeding against the Insurer in respect of loss or damage to the insured automobile or its contents shall be commenced within one year next after the loss or damage occurs.
20. An action or proceeding against the Insurer in respect of bodily injury or death, or in respect of loss or damage to property other than the insured automobile or its contents, shall be commenced within two years after the cause of action arises.
  
  Limit on Amount Payable
21. If a person insured under the Policy is entitled to receive benefits under more than one contract providing insurance of the type set forth in section 265 (1) of the Insurance Act, the person, or any person claiming through or under the person, or any person claiming under Part V of the Family Law Act, is entitled to recover only an amount equal to one benefit.
Section 4
Direct Compensation - Property Damage

Please note that the General Provisions, Definitions, Exclusions and Statutory Conditions of this Policy found in Section 7 and Section 8, except as otherwise stated in those Sections, apply to every Section of the Policy. Each Section of the Policy should be read subject to those provisions in Sections 7 and 8.
1. Where section 263 of the Insurance Act (Direct Compensation – Property Damage) applies, the Insurer agrees to pay the cost of damage to an automobile, its equipment and its contents and for loss of use of such automobile or contents arising from an accident for which another person would have been liable in the absence of section 263 of the Insurance Act if such automobile is,
  1. owned by the Insured, Provided That its use is not excluded under subsection 7.14 and that it is not an Excluded Automobile under subsection 7.15, or
  2. not owned by the Insured, Provided That the automobile,
    1. is in the Insured’s care, custody or control, and
    2. is not being used for an Excluded Use under subsection 7.14 and is not an Excluded Automobile under subsection 7.15, and
    3. is not insured under another motor vehicle liability policy.
2. The amount paid will be based on the degree the Insured or driver is not at fault in the accident as determined under the Fault Determination Rules made under the Insurance Act.
3. The amount paid in respect of loss or damage to the contents of the automobile which are not carried for reward will be paid to the owner of the contents.
  
  Deductible
4. The Insurer’s liability for each occurrence and for each separate automobile may be subject to a Direct Compensation – Property Damage deductible amount. The deductible, if any, is the amount stated in Item 5, Section 4 of the Certificate of Insurance, multiplied by the percentage to which the Insured or driver is not at fault in the accident as determined by the Fault Determination Rules made under the Insurance Act.
5. In the event that there is loss or damage to both the automobile and its contents, the deductible will first be applied to the automobile loss. If there is any remaining deductible, then that amount will be applied to the contents loss.
6. The Insurer will pay that portion of the total damage that is equal to the percentage to which the Insured or driver was not at fault for the accident, less the applicable Direct Compensation-Property Damage deductible.
  
  Exclusions
7. The Insurer shall not be liable under this Section for,
  1. contents of the automobile which are carried for reward, or
  2. any liability arising from contamination of property carried in the automobile, and
  3. loss or damage caused by Nuclear Energy Hazard, except as provided for by section 255 of the Insurance Act (Nuclear Energy Hazard).
Section 5
Loss Of Or Damage To Owned Automobiles

Please note that the General Provisions, Definitions, Exclusions and Statutory Conditions of this Policy found in Section 7 and Section 8, except as otherwise stated in those Sections, apply to every Section of the Policy. Each Section of the Policy should be read subject to the provisions in Sections 7 and 8.
1. The Insurer agrees to pay for direct and accidental loss of or damage to any owned automobile, including its equipment while attached to and forming part of the automobile, under one or more of the following subsections;
  
  Subsection 5.1.1 Collision Or Upset - caused by collision with another object or by upset of the automobile.
  Subsection 5.1.2 Comprehensive - caused by any peril other than by collision with another object or another automobile upon which it is being transported, or by upset of either automobile; provided that,
  1. “another object” includes an automobile to which the automobile is attached or upon which it is being transported, and the surface of the ground and any object in or on the surface; and
  2. “peril” includes, but is not limited to those perils listed under subsection 5.1.3 (Specified Perils), falling or flying objects, missiles, and vandalism.
  Subsection 5.1.3. Specified Perils - caused by fire; theft or attempted theft; lightning, windstorm, hail, or rising water; earthquake; explosion; riot or civil disturbance; falling or forced landing of aircraft or parts of aircraft; or the stranding, sinking, burning, derailment, collision or upset of any railway car or watercraft in, or upon which the automobile is being transported.
  Subsection 5.1.4 Specified Perils Excluding Theft – caused by fire, lightning, windstorm, hail, or rising water; earthquake; explosion; riot or civil disturbance; falling or forced landing of aircraft or parts of aircraft; or the stranding, sinking, burning, derailment, collision or upset of any railway car or watercraft in, or upon which the automobile is being transported.
  
  Deductible
2. The Insurer’s liability shall be limited to the amount of loss or damage in excess of the deductible amount payable by the Insured as stated in the applicable subsection of Item 5, Section 5 of the Certificate of Insurance. For loss or damage under subsection 5.1.1 (Collision or Upset) where section 263 of the Insurance Act (Direct Compensation - Property Damage) applies, the deductible amount is the amount described in Item 5, subsection 5.1.1 of Section 5 of the Certificate of Insurance multiplied by the percentage that the Insured or driver is at fault as determined by the Fault Determination Rules made under the Insurance Act.
3. Subsection 5.2 applies to loss or damage to each automobile, except with respect to automobiles insured under subsection 5.1.2 (Comprehensive), subsection 5.1.3 (Specified Perils) and subsection 5.1.4 (Specified Perils Excluding Theft), where the deductible applies to each occurrence.
4. No deductible amount is payable by the Insured under subsections 5.2 and 5.3 where the loss or damage is caused by fire or lightning where these are insured perils.
  
  Limits of Liability
  
  Applicable to subsection 5.1.2 (Comprehensive), subsection 5.1.3 (Specified Perils) and subsection 5.1.4 (Specified Perils Excluding Theft)
5. Subject to subsections 5.6, 5.7, 5.8 And 5.9 below, The Insurer Shall Not Be Liable in respect of any one occurrence for,
  1. any amount in excess of the limits of liability stated in subsection 5.1.2 (Comprehensive), subsection 5.1.3 (Specified Perils), and subsection 5.1.4 (Specified Perils Excluding Theft) in Item 5 of the Certificate of Insurance at each specified location;
  2. any amount at a newly acquired location in excess of the lowest limit of liability stated for any specified location;
  3. loss or damage to more than four owned automobiles at any location not used by the Insured in the business specified in Item 3 of the Certificate of Insurance.
6. Where the premium is computed on a Monthly Average Basis, if at the time of loss the Insured has failed to file the report referred to in subsection 7.8 of Section 7 (General Provisions, Definitions and Exclusions), the Insurer’s liability shall be limited to the amounts included in the last report filed; and if the delinquent report is the first report required to be filed, the Insurer shall be liable for not more than 75% of the applicable limit of liability stated in Item 5, Section 5 of the Certificate of Insurance.
7. In the event of loss where the premium is computed on a Monthly Average Basis, the Insurer’s liability at each location shall be limited to the proportion of the loss that the amounts reported to the Insurer on the last report filed prior to the loss bears to the actual cash value of all automobiles at the location on the date for which the last report was made.
8. Where the premium is computed on a Co-Insurance Basis, the Insured shall maintain insurance under this Policy on the automobiles hereby insured at each specific location to the extent of at least 80% of the actual cash value of the automobiles, and that, failing so to do, the Insured shall be a co-Insurer to the extent of an amount sufficient to make the aggregate insurance equal to 80% of the actual cash value of the automobiles at the time of loss or damage, and shall bear his or her proportion of any loss or damage that may occur.
9. If the total loss or damage under subsection 5.8 is confined to one automobile only, the co-insurance described in subsection 5.8 shall not apply to the loss or damage.
  
  Exclusions
10. The Insurer Shall Not Be Liable under this Section for loss or damage,
  1. to tires, or consisting of or caused by mechanical fracture or breakdown of any part of the automobile, or by rusting, corrosion, wear and tear, freezing, or explosion within the combustion chamber, BUT the Insurer will be liable if the loss or damage is coincident with other loss or damage which is covered by the relevant subsection, or is caused by fire, theft or vandalism if covered by such subsection;
  2. resulting from conversion, embezzlement, or theft by any person in lawful possession of the automobile under a mortgage, conditional sale, lease or other similar written agreement;
  3. resulting from a voluntary transfer of title or ownership, whether or not induced to do so by any fraudulent scheme, trick or false pretence;
  4. caused directly or indirectly by contamination by radioactive material;
  5. to contents of automobiles or trailers, other than their equipment;
  6. for more than $25 for recorded material and equipment for use with a playing or recording unit. The insurer shall not be liable for recorded material or equipment not contained within or attached to the playing or recording unit. Recorded material includes, but is not limited to, tapes, compact discs, video cassettes and digital video discs; or
  7. for more than $1500 for loss or damage to electronic accessories or equipment other than factory installed equipment. The insurer shall pay the actual cash value of the equipment up to $1500 in total. “Electronic accessories and equipment” includes, but is not limited to, radios, tape players/decks, stereo players/decks, compact disc players, speakers, telephones, two-way radios including CB radios, ham radios and VHF radios, televisions, facsimile machines, electronic navigation assistance, positioning and location finding devices, computers, and items of a similar nature. “Factory installed equipment” means electronic accessories and equipment which was included in the original new purchase price of the automobile.
11. The Insurer Shall Not Be Liable under this Section for any loss or damage suffered where the Insured drives or operates the automobile or permits any other person to drive or operate the automobile,
  1. while under the influence of intoxicating substances to such an extent as to be incapable of proper control of the automobile; or
  2. if the driver is convicted of any of the following offences under the Criminal Code of Canada relating to the operation, care, custody or control of the automobile, or committed by means of an automobile, or of any similar offence under any law in any jurisdiction covered by this Policy: causing death by criminal negligence, causing bodily harm by criminal negligence, dangerous operation of motor vehicles, failure to stop at the scene of an accident, operation of a motor vehicle when impaired or with more than 80 mg of alcohol in the blood, refusal to comply with demand for breath sample, causing bodily harm during operation of vehicle while impaired or over 80mg of alcohol in the blood, or operating a motor vehicle while disqualified from doing so; or
  3. in a race or speed test, or for illegal activity; or, while not authorized by law.
12. The Insurer Shall Not Be Liable under this Section for loss or damage to any automobile sold by the Insured and in the possession of a purchaser under any partial payment plan.
13. The Insurer Shall Not Be Liable under this Section for loss or damage to any automobile which is being carried in or upon or is being towed by any automobile owned, hired or leased by the Insured and designed for transportation of more than one automobile.
14. The Insurer Shall Not Be Liable under subsection 5.1.1 (Collision or Upset) for loss or damage occurring after the theft of the automobile and before recovery by the Insured, except where the theft has been committed by a person or persons residing in the same dwelling premises as the Insured; or employed by the Insured in connection with the business described in Item 3 of the Certificate of Insurance.
15. The Insurer Shall Not Be Liable under subsection 5.1.2 (Comprehensive) or 5.1.3 (Specified Perils) for loss or damage caused by theft by a person residing in the same dwelling premises as the Insured, or employed by the Insured in connection with the business described in Item 3 of the Certificate of Insurance.
16. The Insurer Shall Not Be Liable under subsection 5.1.2 (Comprehensive) or 5.1.3 (Specified Perils) for loss or damage caused by theft from any open lot or unroofed space owned, rented or controlled by the Insured in connection with the Insured’s business stated in Item 3 of the Certificate of Insurance, except the theft of an entire automobile.
17. The Insurer Shall Not Be Liable under subsection 5.1.4 (Specified Perils Excluding Theft) for loss or damage occurring after the theft of the automobile and before recovery of the automobile by the Insured.
  
  Additional Agreements of Insurer
18. Where a premium is specified under Item 5, Section 5 of the Certificate of Insurance and loss or damage arises from an insured peril, the Insurer further agrees,
  1. that where the occurrence of the insured peril results in the Insured incurring liability for such expenses, the Insurer will pay general average, salvage and fire department charges and customs duties of any jurisdiction covered by this Policy, and
  2. to waive subrogation against every person who, with the Insured’s consent, has care, custody or control of the automobile, provided always that this waiver shall not apply to any person
    1. having such care, custody or control in the course of the business of selling, repairing, maintaining, servicing, storing or parking automobiles other than an officer or employee of the Insured; or
    2. to any person who has
      1. committed a breach of any condition of this Policy, or
      2. driven or operated the automobile in the circumstances referred to in subsection 5.11.
  Agreement of Insured
19. The Insured agrees that in the event of loss or damage for which coverage is provided by this Policy, the Insured shall at the Insurer’s request replace the property or make the necessary repairs at actual cost to the Insured.
Section 6
Liability For Damage To A Customer’s Automobile While In The Care, Custody Or Control Of The Insured

Please note that the General Provisions, Definitions, Exclusions and Statutory Conditions of this Policy found in Section 7 and Section 8, except as otherwise stated in those Sections, apply to every Section of the Policy. Each Section of the Policy should be read subject to the provisions in Sections 7 and 8.

Collision or Upset
1. The Insurer agrees,
  1. to pay on behalf of the Insured, all sums which the Insured is legally obligated to pay in respect of loss or damage to a customer’s automobile, including its equipment while attached to the automobile, and including reimbursement of expenses incurred for taxicabs, public transportation or rental of a substitute automobile as a result of Collision Or Upset - caused by collision with another object or by upset; and
  2. to pay to the Insurer of a customer’s automobile the amount paid by that Insurer because of the operation of section 263 of the Insurance Act and the Fault Determination Rules made under that section, based on the degree that the Insured or driver was at fault in the accident.
  Exclusions
2. The Insurer Shall Not Be Liable under subsection 6.1 (Collision or Upset),
  1. for any amount in excess of the limit stated in Item 5, subsection 6.1 of Section 6 of the Certificate of Insurance and of the expenditures provided for in the Additional Agreements of this Section; or
  2. for loss or damage to contents of automobiles or trailers, other than their equipment, except as provided under subsection 6.1.2; or
  3. for loss or damage which occurs after theft of the automobile and before recovery by the Insured; or
  4. for loss or damage caused directly or indirectly by contamination by radioactive material.
  Deductible
3. Each occurrence causing loss or damage covered under subsection 6.1 (Collision or Upset) shall give rise to a separate claim. The Insurer’s liability for each claim shall be limited to the amount of loss or damage in excess of the deductible amount payable by the Insured as stated in Item 5, subsection 6.1 of Section 6 of the Certificate of Insurance. Where section 263 of the Insurance Act (Direct Compensation – Property Damage) applies, the deductible amount is the amount stated in Item 5, subsection 6.1 of Section 6 of the Certificate of Insurance multiplied by the percentage to which the Insured or driver is at fault as determined by the Fault Determination Rules made under the Insurance Act.
  
  Specified Perils
4. The Insurer agrees to pay on behalf of the Insured, all sums which the Insured is legally obligated to pay in respect of loss of or damage to a customer’s automobile, including its equipment while attached to the automobile, and including reimbursement of expenses incurred for taxicabs, public transportation or rental of a substitute automobile, for
  Specified Perils - caused by fire; theft or attempted theft; vandalism; lightning, windstorm, hail, or rising water; earthquake; explosion; riot or civil disturbance; falling or forced landing of aircraft or parts of aircraft; or the stranding, sinking, burning, derailment, or collision or upset of any railway car or watercraft in, or upon which the automobile is being transported.
  
  Limits of Liability Under subsection 6.4
5. Subject To Subsection 6.8 (Co-Insurance Clause), The Insurer Shall Not Be Liable under subsection 6.4 (Specified Perils) in respect of any one occurrence for:
  1. any amount in excess of the limits of liability stated in Item 5, subsection 6.4 of Section 6 of the Certificate of Insurance at each specified location and of expenditures provided for in the Additional Agreements of this Section;
  2. any amount at a newly acquired location in excess of the lowest limit of liability stated for any specified location;
  3. loss or damage to more than four automobiles at any location not used by the Insured in the business specified in Item 3 of the Certificate of Insurance.
  Exclusions
6. The Insurer Shall Not Be Liable under subsection 6.4 (Specified Perils) for loss or damage,
  1. from the explosion of tires or from explosion within the combustion chamber of the engine of the automobile, unless the loss or damage is coincident with other loss or damage covered by subsection 6.4;
  2. caused directly or indirectly by contamination by radioactive material;
  3. caused by theft from any open lot or unroofed space owned, rented or controlled by the Insured, except the theft of an entire automobile;
  4. to the contents of automobiles or trailers, other than their equipment; or
  5. for more than $25 for recorded material and equipment for use with a playing or recording unit. The insurer shall not be liable for recorded material or equipment not contained within or attached to the playing or recording unit. Recorded material includes, but is not limited to, tapes, compact discs, video cassettes and digital video discs.
  Deductible
7. Each occurrence causing loss or damage covered under subsection 6.4 shall give rise to a separate claim. The Insurer’s liability for each claim shall be limited to the amount of loss or damage in excess of the deductible amount payable by the Insured as stated in Item 5, subsection 6.4 of Section 6 of the Certificate of Insurance. No deductible amount is payable by the Insured under this subsection where loss or damage is caused by fire or lightning where these are Insured perils.
  
  Co-Insurance Clause
8. If at the time of a loss covered by subsection 6.4 there are in or on the premises at the location where the loss occurs a greater number of customers’ automobiles than the “Maximum Number of Customers’ Automobiles” stated for that location in Item 5, subsection 6.4 of Section 6 of the Certificate of Insurance, The Insurer Shall Not Be Liable for a greater proportion of the amount for which it otherwise would be liable than the “Maximum Number of Customers’ Automobiles” stated for that location bears to the total number of customers’ automobiles in or on the premises at the location at the time the loss occurs.
  
  Additional Agreements of Insurer
9. Where coverage is provided by this Section the Insurer shall,
  1. upon receipt of notice of loss or damage, make such investigations, conduct such negotiations with the claimant, and effect such settlement of any resulting claims, as are deemed expedient by the Insurer;
  2. defend in the name and on behalf of any person insured by this Policy and at the cost of the Insurer any civil action that is at any time brought against such person on account of loss or damage; and
  3. pay all costs assessed against any person insured by this Policy in any civil action defended by the Insurer and any interest accruing after judgment upon that part of the judgment which is within the limits of the Insurer’s liability.
Section 7
General Provisions, Definitions And Exclusions

Please note that the General Provisions, Definitions, Exclusions and Statutory Conditions of this Policy found in this Section and in Section 8, except as otherwise stated in those Sections, apply to every Section of the Policy. Each Section of the Policy should be read subject to the provisions of this Section and of Section 8.

Territory
1. This Policy applies to loss or damage to persons or property caused by an incident that arises out of the ownership, operation or use of an automobile that occurs in Canada, the United States of America and any other jurisdiction designated in the Statutory Accident Benefits Schedule, or on a vessel travelling between ports of those countries.
  1. All of the dollar limits described in this Policy are in Canadian funds.
  Definitions
2. In this Policy:
  1. “accident benefits” means the benefits set out in the Statutory Accident Benefits Schedule made under the Insurance Act.
    
    Automobile Defined:
  2. For the purposes of Section 1 (Third Party Liability), Section 2 (Accident Benefits), Section 3 (Uninsured Automobile Coverage), Section 4 (Direct Compensation - Property Damage), Section 5 (Loss or Damage to Owned Automobiles), and Section 6 (Liability for Damage to a Customer’s Automobile): “automobile” includes a trailer and a motorized snow vehicle. Regulations may include, or exclude, certain other types or classes of vehicles as “automobiles”.
  3. For the purposes of Section 1 (Third Party Liability), Section 2 (Accident Benefits), Section 3 (Uninsured Automobile Coverage), Section 4 (Direct Compensation - Property Damage), and Section 5 (Loss or Damage to Owned Automobiles): “owned automobile” means:
    1. an automobile, including trailers and equipment, owned by the Insured and used for pleasure or in connection with the business stated in Item 3 of the Certificate of Insurance; and
    2. an automobile sold in the stated business by the Insured but not yet delivered to the purchaser, Except an automobile the ownership, operation or use of which is excluded in Section 7, (General Provisions, Definitions and Exclusions) or Section 8, (Statutory Conditions) of this Policy.
  4. For the purposes of Section 1 (Third Party Liability), Section 2 (Accident Benefits), Section 3 (Uninsured Automobile Coverage) and Section 6 (Liability for Damage to a Customer’s Automobile): “customer’s automobile” means an automobile owned by another, while the automobile is being towed or pushed by an automobile driven by the Insured or an employee or partner, or while in the care, custody or control of the Insured in the business stated in Item 3 of the Certificate of Insurance but Does Not Include an automobile,
    1. owned, rented or leased by any person insured by this Policy or by any person residing in the same dwelling premises as the insured;
    or
    1. sold by the Insured but not yet delivered to the purchaser.
  5. For the purposes of Section 1 (Third Party Liability), Section 2 (Accident Benefits) and Section 3 (Uninsured Automobile Coverage): “non-owned automobile” means an automobile, other than a customer’s automobile, or an automobile leased by the Insured from another under a lease contract for a period exceeding thirty days and which requires the Insured to effect and maintain insurance, which is not owned by the Insured and which is used for pleasure by the Insured or partners or employees of the Insured, or in connection with the business stated in Item 3 of the Certificate of Insurance.
    
    Other Definitions
  6. “newly acquired location” means any new location acquired by the Insured in the business specified in Item 3 of the Certificate of Insurance, if notice of the new location is given to the Insurer within fourteen days following the date of acquisition.
  7. “occupant” in respect of an automobile, means,
    1. the driver,
    2. a passenger, whether being carried in or on the automobile,
    3. a person getting into or on or getting out of or off the automobile.
  8. “same-sex partner” means either of two persons of the same sex who have cohabited continuously for a period of not less than three years, or have cohabited in a relationship of some permanence if they are the natural or adoptive parents of a child.
  9. “spouse” means either of a man and a woman who,
    1. are married to each other,
    2. have together entered into a marriage that is voidable or void, in good faith on the part of the person asserting a right under this Policy,
      or
    3. are not married to each other and have cohabited continuously for a period of not less than three years, or have cohabited in a relationship of some permanence if they are the natural or adoptive parents of a child.
  Notice to Insurer
3. The Insured agrees to provide to the Insurer written notice, with all available particulars, of any incident involving the insured automobile which must be reported to the police under the Highway Traffic Act, within seven days of the incident, but if the Insured is unable because of incapacity to give such notice, as soon as possible thereafter.
  
  Consent
4. An occupant of an automobile which is being operated without the consent of the owner or by an excluded driver shall not be entitled to indemnity or payment under this Policy except as provided in Section 2 (Accident Benefits).
  
  Adjustable Premium Computation
5. The advance premiums are computed according to the terms shown on the Premium Computation Statement for the policy period.
6. The advance premiums referred to in subsection 7.5 are subject to adjustment at the end of the policy period when the Insured shall deliver to the Insurer a written statement of the current information necessary to adjust the premium shown in the Premium Computation Statement; provided that,
  1. if the adjusted premium so computed exceeds the applicable advance premium stated in Item 5 of the Certificate of Insurance, the Insured shall pay the difference; and
  2. if the premium is less than the applicable advance premium, the Insurer shall return to the Insured the unearned premium subject to the Minimum Retained Premium stated in the Certificate of Insurance.
7. With respect only to subsections 5.1.2 (Comprehensive), 5.1.3 (Specified Perils) and 5.1.4 (Specified Perils Excluding Theft) of Section 5, if the premium is computed on a Monthly Average Basis:
  1. the advance premiums shall be 75% of the annual premium computed on the limits of liability and the rates applying at each location; and
  2. the advance premiums referred to in (a) are subject to adjustment at the end of the policy period.
8. For the purposes of subsection 7.7, the earned premium shall be computed as follows:
  1. the Insured shall make a report in writing to the Insurer not later than 30 days after the last day of each month giving the actual cash value of all owned automobiles held for sale at each location on the last business day of each month.
  2. the value of all owned automobiles not held for sale must be included in the values reported for the principal location in the municipality or district in which the Insured carries on business.
  3. an average of the total values reported at each location shall be made, and if the premium on the average values
    1. exceeds the applicable advance premiums stated in the Certificate of Insurance, the Insured shall pay an additional premium for such excess; and
    2. is less than the applicable advance premiums, the Insurer shall return to the Insured the unearned premium.
9. In the event of any report referred to in paragraph 7.8 (a) not being made within the period stated in that subsection, the limit of liability at each location shall be taken as the value at risk for the purpose of adjustment of premium.
  Audit
10. The Insurer or its authorized representative shall have access to the Insured’s records at all reasonable times for the purpose of determining any fact relating to the insurance provided by this Policy.
  Automobiles and Trailers
11. An automobile and one or more trailers attached to it shall be held to be one automobile with respect to the limit of liability under Section 1 (Third Party Liability), Section 2 (Accident Benefits) and Section 3 (Uninsured Automobile Coverage) of this Policy, and separate automobiles with respect to the Limits of Liability, including any deductible provisions, under Section 4 (Direct Compensation - Property Damage), Section 5 (Loss or Damage to Owned Automobiles) and Section 6 (Liability for Damage to a Customer’s Automobile).
  Additional Insureds
12. The Insurer agrees to pay on behalf of the following persons in the same manner and to the same extent as if named in this Policy as the Insured;
  Business Use
  1. with respect to Section 1 (Third Party Liability), Section 2 (Accident Benefits), Section 3 (Uninsured Automobile Coverage), and Section 6 (Liability for Damage to a Customer’s Automobile) of this Policy, every other person who, with the consent of the owner, and in connection with the business described in Item 3 of the Certificate of Insurance, drives or operates any automobile other than
    1. an automobile owned by or registered in the name of such additional insured person; or
    2. an automobile whose operation or use is excluded in Section 7 (General Provisions, Definitions and Exclusions) or Section 8 (Statutory Conditions) of this Policy; and
  Driving Other Automobiles
  1. with respect to Section 1 (Third Party Liability), Section 2 (Accident Benefits), Section 3 (Uninsured Automobile Coverage) and Section 4 (Direct Compensation-Property Damage) of this Policy, every active partner or full-time employee of the Insured for whose regular use an automobile is provided by the Insured; every person named on the Additional Insured Endorsement; the spouse, or the same-sex partner, who lives with such active partner, full time employee and person named on the Additional Insured Endorsement; and the spouse or the same-sex partner of the Insured who lives with the Insured, who, with the consent of the owner drives for pleasure purposes any other automobile having a manufacturer’s gross vehicle weight rating not exceeding 4,500 kilograms, Provided That,
    1. neither such partner, employee, persons named on the Additional Insured Endorsement, if any, or such spouse or same-sex partner, is the owner or the lessee for more than 30 days of an automobile having a manufacturer’s gross vehicle weight rating not exceeding 4,500 kilograms;
    2. such other automobile is not owned, hired or leased or regularly used by the Insured, partner or employee of the Insured, or person named on the Additional Insured Endorsement, or by any person residing in the same dwelling premises as any of these persons;
    3. the operation or use of the other automobile is not excluded in Section 7 (General Provisions, Definitions and Exclusions) or in Section 8 (Statutory Conditions) of this Policy; and
    4. Section 4 (Direct Compensation-Property Damage) coverage applies only when such other automobile is in the care, custody or control of a person referred to in subsection 7.12 (b) and is not insured under another motor vehicle liability policy.
  Direct Compensation-Property Damage
  1. The Insurer agrees to provide coverage under Section 4 (Direct Compensation–Property Damage) to a person whose automobile is in the care, custody or control of the Insured, Provided that the automobile is not;
    1. insured under another motor vehicle liability policy, or
    2. being used for an Excluded Use under subsection 7.14 and is not an Excluded Automobile under subsection 7.15 of Section 7 (General Provisions, Definitions and Exclusions) of this Policy.
  Other Insurance
13. Insurance under Section 1 (Third Party Liability), and Section 3 (Uninsured Automobile Coverage) of this Policy is first loss insurance with respect to a customer’s automobile, and any other valid motor vehicle liability policy is excess insurance only.
  
  Excluded Uses
14. The Insurer Shall Not Be Liable while,
  1. the automobile is rented or leased by the Insured to another, provided that the following shall not be deemed to be renting or leasing to another,
    1. the use by an employee of the employee’s automobile on the business of the employer and for which the employee is being paid;
    2. the use of an owned automobile by a customer pending return of the customer’s automobile which has been left with the Insured for repairs or servicing; and
    3. the use of an owned automobile by a customer for a period not exceeding 30 days, pending delivery of an automobile for which a purchase order or a lease agreement has been placed with the insured by the customer;
  but this exclusion shall not apply while an owned automobile, rented or leased to another, is in the care, custody or control of the Insured for the purpose of maintenance or repair, and in this case this Policy shall be first loss insurance;
  1. the automobile is used to carry explosives, or radioactive material for research, education, development or industrial purposes, or for purposes incidental to these purposes;
  2. the automobile is used as a taxicab, bus, sightseeing conveyance, or for carrying passengers for compensation or hire; provided that the following uses shall not be deemed to be carrying passengers for compensation or hire,
    1. carrying another person, where the other person reciprocates;
    2. carrying another person occasionally and infrequently, who shares the cost of the trip;
    3. carrying a domestic servant of the Insured or of his or her spouse or same-sex partner;
    4. carrying clients or customers or prospective clients or customers;
    5. transporting children occasionally and infrequently to or from school, or school activities conducted within the educational program; or
    6. reimbursing volunteer drivers for their reasonable driving expenses including gas, vehicle wear and tear and meals; and
  3. the automobile is being used,
    1. for the carrying of goods or materials for compensation;
    2. for public road construction, repair or maintenance; or
    3. as farm or contractor’s equipment on behalf of others for compensation.
  Excluded Automobiles
15. The Insurer Shall Not Be Liable under this Policy for loss, damage, injury or death arising from the ownership, use or operation of any automobile,
  1. owned by the Insured in connection with or used for the purpose of any business conducted by or any employment or occupation for wages or profit engaged in by the Insured other than as stated in Item 3 of the Certificate of Insurance;
  2. owned by the Insured which is designed or modified for racing purposes;
  3. provided by the Insured to any person for regular or frequent use, except an active partner or a full time employee of the business stated in Item 3 of the Certificate of Insurance Provided that this exclusion does not apply while the person is using the automobile in the business stated in Item 3 of the Certificate of Insurance; and
  4. owned or hired by the Insured and;
    1. designed for the bulk transportation of petroleum products or other materials while being used for those purposes; or
    2. designed for the transportation of more than one automobile.
  5. leased by the Insured from another under a lease contract for a period exceeding thirty days and which requires the Insured to effect and maintain insurance.
  Personnel of other Garages Excluded
16. No person who is engaged in the business of selling, repairing, maintaining, storing, servicing or parking automobiles shall be entitled to indemnity or payment under this Policy for any loss, damage, injury or death sustained while engaged in the use or operation of or while working upon or occupying the automobile as defined in this Policy in the course of the business, unless the person is the Insured or an employee or partner.
  War Risks Excluded
17. The Insurer Shall Not Be Liable under Section 2 (Accident Benefits), Section 3 (Uninsured Automobile Coverage), Section 4 (Direct Compensation – Property Damage), Section 5 (Loss or Damage to Owned Automobiles), and Section 6 (Loss or Damage to a Customer’s Automobile), of this Policy for any loss, damage, injury or death caused directly or indirectly by bombardment, invasion, civil war, insurrection, rebellion, revolution, coup, or actions of armed forces while engaged in a war, whether declared or not.

Section 8
Statutory Conditions

Note: The Insurance Act requires that these conditions be printed as part of every automobile insurance policy in Ontario. If there is a discrepancy between these conditions and the wording in the policy, these conditions prevail.

In these statutory conditions, unless the context otherwise requires, the word, “insured” means a person insured by this contract, whether named or not.

Material Change in Risk

1. The insured named in this contract shall promptly notify the insurer or its local agent in writing of any change in the risk material to the contract and within the insured’s knowledge.
2. Without restricting the generality of the foregoing, the words,
  “change in the risk material to the contract” include:
  1. any change in the insurable interest of the insured named in this contract in the automobile by sale, assignment or otherwise, except through change of title by succession, death or proceedings under the Bankruptcy and Insolvency Act (Canada);
    and, in respect of insurance against loss of or damage to the automobile,
  2. any mortgage, lien or encumbrance affecting the automobile after the application for this contract;
  3. any other insurance of the same interest, whether valid or not, covering loss or damage insured by this contract or any portion thereof.

Incorrect Classification

1. Where the insured has been incorrectly classified under the risk classification system used by the insurer or under the risk classification system that the insurer is required by law to use, the insurer shall make the necessary correction.

Refund of Premium Overpayment

Where a correction is made under subcondition (1) of this condition, the insurer shall refund to the insured the amount of any premium overpayment together with interest thereon for the period that the incorrect classification was in effect at the bank rate at the end of the first day of the last month of the quarter preceding the quarter in which the incorrect classification was first made, rounded to the next highest whole number if the bank rate includes a fraction.

Definition

In subcondition (2) of this condition,
“bank rate” means the bank rate established by the Bank of Canada as the minimum rate at which the Bank of Canada makes short term advances to the banks listed in Schedule I to the Bank Act (Canada).

Additional Premium

Where a correction is made under subcondition (1) of this condition within sixty days after this contract takes effect, the insurer may require the insured to pay any additional premium resulting from the correction, without interest.

Monthly Payments

Unless otherwise provided by the regulations under the Insurance Act, the insured may pay the premium, without penalty, in equal monthly payments totalling the amount of the premium. The insurer may charge interest not exceeding the rate set out in the regulations.

Authority to Drive

1. The insured shall not drive or operate or permit any other person to drive or operate the automobile unless the insured or other person is authorized by law to drive or operate it.

Prohibited Use

The insured shall not use or permit the use of the automobile in a race or speed test or for any illicit or prohibited trade or transportation.

Requirements Where Loss or Damage to Persons or Property

1. The insured shall,
  1. give to the insurer written notice, with all available particulars, of any accident involving loss or damage to persons or property and of any claim made on account of the incident;
  2. verify by statutory declaration, if required by the insurer, that the claim arose out of the use or operation of the automobile and that the person operating or responsible for the operation of the automobile at the time of the accident is a person insured under this contract; and
  3. forward immediately to the insurer every letter, document, advice or statement of claim received by the insured from or on behalf of the claimant.
2. The insured shall not,
  1. voluntarily assume any liability or settle any claim except at the insured’s own cost; or
  2. interfere in any negotiations for settlement or in any legal proceeding.
3. The insured shall, whenever requested by the insurer, aid in securing information and evidence and the attendance of any witness and shall co-operate with the insurer, except in a pecuniary way, in the defence of any action or proceeding or in the prosecution of any appeal.

Requirements Where Loss or Damage to Automobile

1. Where loss of or damage to the automobile occurs, the insured shall, if the loss or damage is covered by this contract,
  1. give notice thereof in writing to the insurer with the fullest information obtainable at the time;
  2. at the expense of the insurer, and as far as reasonably possible, protect the automobile from further loss or damage; and
  3. deliver to the insurer within ninety days after the date of the loss or damage a statutory declaration stating, to the best of the insured’s knowledge and belief, the place, time, cause and amount of the loss or damage, the interest of the insured and of all others therein, the encumbrances thereon, all other insurance, whether valid or not, covering the automobile and that the loss or damage did not occur directly or indirectly through any wilful act or neglect of the insured.
2. Any further loss or damage accruing to the automobile directly or indirectly from a failure to protect it as required under subcondition (1) of this condition is not recoverable under this contract.
3. No repairs, other than those that are immediately necessary for the protection of the automobile from further loss or damage, shall be undertaken and no physical evidence of the loss or damage shall be removed,
  1. without the written consent of the insurer; or
  2. until the insurer has had a reasonable time to make the examination for which provision is made in statutory condition 8.

Examination of Insured

The insured shall submit to examination under oath, and shall produce for examination at such reasonable place and time as is designated by the insurer or its representative all documents in the insured’s possession or control that relate to the matters in question, and the insured shall permit extracts and copies thereof to be made.

Insurer Liable for Cash Value of Automobile

The insurer shall not be liable for more than the actual cash value of the automobile at the time any loss or damage occurs, and the loss or damage shall be ascertained or estimated according to that actual cash value with proper deduction for depreciation, however caused, and shall not exceed the amount that it would cost to repair or replace the automobile, or any part thereof, with material of like kind and quality, but, if any part of the automobile is obsolete and out of stock, the liability of the insurer in respect thereof shall be limited to the value of that part at the time of loss or damage, not exceeding the maker’s latest list price.

Repairing, rebuilding or replacing property damaged or lost

The insurer may repair, rebuild or replace the property that is damaged or lost, instead of making the payment referred to in statutory condition 9, if the insurer gives written notice of its intention to do so within seven days after receipt of the proof of loss.

Time for repairs

(6.1) The insurer shall carry out the repair, rebuilding or replacement referred to in subcondition (6),

within a reasonable period of time after giving the notice required under subcondition (6), if an appraisal referred to in subcondition (2.1) of statutory condition 9 is not carried out in respect of the claim; or
within a reasonable period of time after the insurer receives the appraisers’ determination of the matters in disagreement, if an appraisal referred to in subcondition (2.1) of statutory condition 9 is carried out in respect of the claim.

New or aftermarket parts

(6.2) For the purposes of subcondition (6), the insurer may repair, rebuild or replace the property with new parts provided by the original equipment manufacturer or with non-original or rebuilt parts of like kind and quality to the property that was damaged or lost.

No Abandonment; Salvage

There shall be no abandonment of the automobile to the insurer without the insurer’s consent. If the insurer exercises the option to replace the automobile or pays the actual cash value of the automobile, the salvage, if any, shall vest in the insurer.

Time Limit

The notice required by subcondition (1) of statutory condition 5 and subcondition (1) of statutory condition 6 shall be given to the insurer within seven days of the incident but if the insured is unable because of incapacity to give the notice within seven days of the incident, the insured shall comply as soon as possible thereafter.

Inspection of Automobile

The insured shall permit the insurer at all reasonable times to inspect the automobile and its equipment.

Time and manner of payment of insurance money

1. If the insurer has not chosen to repair, rebuild or replace the property that is damaged or lost, the insurer shall pay the insurance money for which it is liable under the contract,
  1. within 60 days after the insurer receives the proof of loss, if no appraisal referred to in subcondition (2.1) is carried out in respect of the claim; or
  2. within 15 days after the insurer receives the appraisers’ determination of the matters in disagreement, if an appraisal referred to in subcondition (2.1) is carried out in respect of the claim.

Reasons for Refusal

If the insurer refuses to pay a claim, it shall promptly inform the insured in writing of the reasons the insurer claims it is not liable to pay.

Resolution of disagreement by appraisal under s. 128 of the Act

(2.1) Section 128 of the Act applies to this contract if,

the insurer has received a proof of loss from the insured in respect of property that is lost or damaged;
the insured and the insurer disagree on,
1. the nature and extent of repairs, rebuilding and replacements required or their adequacy, or
2. the amount payable in respect of the loss or damage; and
either the insured or the insurer requests in writing that an appraisal under section 128 of the Act be carried out and the other of them agrees.

When Action may be Brought

The insured shall not bring an action to recover the amount of a claim under this contract unless the requirements of statutory conditions 5 and 6 are complied with.

Limitation of Actions

Every action or proceeding against the insurer under this contract in respect of loss or damage to the automobile or its contents shall be commenced within one year next after the happening of the loss and not afterwards, and in respect of loss or damage to persons or other property shall be commenced within two years next after the cause of action arose and not afterwards.

Who May Give Notice and Proofs of Claim

Notice of claim may be given and proofs of claim may be made by the agent of the insured in case of absence or inability of the insured to give the notice or make the proof, such absence or inability being satisfactorily accounted for or, in the like case or if the insured refuses to do so, by a person to whom any part of the insurance money is payable.

Deductible amounts

10.1 (1) Despite anything in this contract,

the insurer shall be liable only for amounts in excess of the applicable deductible amount, if any, mentioned in this contract; and
any provision in this contract relating to an obligation of the insurer to pay an amount or to repair, rebuild or replace property that is damaged or lost shall be satisfied by paying the amount determined by deducting any applicable deductible amount from,
1. the amount the insured would otherwise be entitled to recover, or
2. the cost of repairing, rebuilding or replacing the property.

Deemed deductible amount

For the purposes of subcondition (1), an amount that an insurer is not liable to pay by reason of subsection 261 (1) or (1.1) or 263 (5.1) or (5.2.1) of the Insurance Act shall be deemed to be a deductible amount under this contract.

Termination

1. Subject to section 12 of the Compulsory Automobile Insurance Act and sections 237 and 238 of the Insurance Act, this contract may be terminated by the insurer giving to the insured fifteen days notice of termination by registered mail or five days written notice of termination personally delivered.
2. This contract may be terminated by the insured at any time on request.
3. Where this contract is terminated by the insurer,
  1. the insurer shall refund the excess of premium actually paid by the insured over the proportionate premium for the expired time, but in no event shall the proportionate premium for the expired time be deemed to be less than any minimum retained premium specified;
  2. the refund shall accompany the notice unless the premium is subject to adjustment or determination as to the amount, in which case, the refund shall be made as soon as practicable.
4. Where this contract is terminated by the insured, the insurer shall refund as soon as practicable the excess of premium actually paid by the insured over the short rate premium for the expired time, but in no event shall the short rate premium for the expired time be deemed to be less than any minimum retained premium specified.
5. The fifteen days mentioned in subcondition (1) of this condition begin to run on the day following the receipt of the registered letter at the post office to which it is addressed.

Notice

Any written notice to the insurer may be delivered at, or sent by registered mail to, the chief agency or head office of the insurer in the Province. Written notice may be given to the insured named in this contract by letter personally delivered to the insured or by registered mail addressed to the insured at the insured’s latest post office address as notified to the insurer. In this condition, the expression,
“registered” means registered in or outside Canada.

Statutory Accident Benefits Protected

Despite a failure to comply with these statutory conditions, a person is entitled to such benefits as are set out in the Statutory Accident Benefits Schedule.

(137-G137)

Updated: September 12, 2016

Published: April 03, 2004

Government Notices Respecting Corporations

Certificates of Dissolution

Notice of Default in Complying with the Corporations Information Act

Cancellation of Certificates of Incorporation (Corporations Tax Act Defaulters)

Orders in Council

Ontario Securities Commission

National Instrument 52-108 Auditor Oversight, Multilateral Instrument 52-109 Certification Of Disclosure In Issuers’ Annual And Interim Filings And Multilateral Instrument 52-110 Audit Committees

Multilateral Instrument 55-103 Insider Reporting for Certain Derivative Transactions (Equity Monetization)

National Instrument 51-102 Continuous Disclosure Obligations, Related Forms 51-102F1 To 51-102F6 (Inclusive) and OSC Rule 51-801 Implementing National Instrument 51-102 Continuous Disclosure Obligations and Related Amendments To And Revocation Of Instruments

National Instrument 71-102 Continuous Disclosure And Other Exemptions Relating To Foreign Issuers AND OSC Rule 71-802 Implementing National Instrument 71-102 Continuous Disclosure And Other Exemptions Relating To Foreign Issuers

Foreign Cultural Objects Immunity from Seizure Act Determination

Financial Services Commission of Ontario

Ontario Garage Automobile Policy (O.A.P.4)

Multilateral Instrument 55-103 Insider Reporting for Certain Derivative Transactions
(Equity Monetization)

National Instrument 51-102 Continuous Disclosure Obligations, Related Forms 51-102F1 To 51-102F6 (Inclusive)
and
OSC Rule 51-801 Implementing National Instrument
51-102 Continuous Disclosure Obligations
and
Related Amendments To And Revocation Of Instruments

National Instrument 71-102 Continuous Disclosure And Other Exemptions Relating To Foreign Issuers
AND
OSC Rule 71-802 Implementing National Instrument 71-102 Continuous Disclosure And
Other Exemptions Relating To Foreign Issuers