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Matthew Dugas

Partner (he/him)

PROFILE

Matthew's practice focuses on acting on behalf of insurers in the defence of personal injury tort and accident benefits claims. He also practices in a variety of other insurance-related matters, including trucking claims, occupier’s liability matters, coverage disputes, employment, and property damage claims. He has extensive experience in automotive claims, including complex matters and fraud. Matthew has also represented and advised clients in the healthcare, high-tech and innovation industries, including intellectual property matters.

Matthew has practiced civil litigation his entire career and represented clients in matters before FSCO, the Ontario Superior Court, the Ontario Court of Appeal and the Federal Court.

Matthew plays baseball and hockey recreationally, and is a dedicated sports fan.

EXPERTISE

EDUCATION

  • J.D., Osgoode Hall – 2009
  • B.A. (Philosophy), McMaster University – 2005
  • Honours. B.Sc. (Biology), McMaster University – 2004

AFFILIATIONS

  • Law Society of Ontario
  • Ontario Bar Association

PUBLICATIONS & SPEECHES

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A car crash thumb original Diminishing Returns - Divisional Court Confirms Motor Vehicle Accident Claims for Diminished Value are Statute Barred by Insurance Act

Diminished value claims for property damage to automobiles are statutorily barred by section 263 of the Insurance Act, R.S.O. 1990, c. I.8. At least that is what section 263 of the Insurance Act appeared to do. However, Ontario insurers have long been plagued by persistent claims, especially in the Small Claims Court. All of the actual reported decisions dismissed these claims, but the decisions tended to be fact-specific. Without any clear decisions by a higher Court, new claims would arise with some new variation of the diminished value argument. 

Publications original Loss Transfer - When Accident Benefits May Be Transferred to Another Insurer

In Ontario, Insurers are subject to a “Loss Transfer” regime. Loss Transfer applies when an accident involves specific types of vehicles. These are either a “heavy commercial vehicle”, motorcycles, motorized snow vehicles or an off-road vehicle.
 
When one of these vehicles is involved in an accident, the Loss Transfer regime may be applicable. In essence, in some specific situations, the entire Accident Benefits claim for an accident under the Statutory Accident Benefits Schedule, can be transferred from the injured person’s “first party insurer” to an insurer of an at-fault vehicle, often referred to as a “second party insurer”. 

Publications original Justice Must Not Only Be Done, it Must be Seen - The LAT's Mandate to Ensure Both the Existence and the Appearance of Adjudicative Independence in their Decision-Making Processes

This decision, Mary Shuttleworth v. License Appeal Tribunal, 2018 ONSC 3790, concerns a claimant who brought a dispute over statutory accident benefits to the License Appeal Tribunal (“LAT”), arising from a motor vehicle collision. The LAT has statutory authority to hear all disputes related to benefits under the Statutory Accident Benefits Schedule (“SABS”).

The LAT Adjudicator decided that the claimant's injuries did not warrant a designation of catastrophic impairment as defined in the SABS. A designation of catastrophic impairment under the SABS increases limits of some benefits and is a prerequisite for other benefits.