Insurer may not have right to subrogate tort claims

Ontario appeal court has this case: Clarendon National Insurance v. Candow.

“An insurer’s right to bring a subrogated action is dependent on the existence of a cause of action by the insured,” Ontario Court of Appeal Justice Russell Juriansz wrote for the Appeal Court.

Ontario's "no fault" insurance bars subrogated tort claims brought by U.S.-based insurers: Appeal Court