Pursuing CAT determination when only MIG limits have been exhausted
Applicants cannot bring premature applications for entitlement to catastrophic benefits that are not (yet) available to them
WSIB and SABs, The LAT Weighs in on Section 61 to Prevent “Forum Shopping”
LAT Orders Case to be Reheard due to Original Decision Maker’s Failure to Identify Causation as a Key Issue by Daniel Hinds
Kolapully v. Myles, 2024 ONCA 350 – Non-earner benefits are deductible from tort awards for loss of income
Anticipating Delays in Civil Jury Trials: High Threshold in Striking Jury Notices by Elisa Prezzano
LAT application a Nullity – Avoidable?
More than Appealing – The Supreme Court of Canada approves the exercise of judicial review in addition to statutory rights of appeal
Injuries from physical assaults inside and outside a vehicle are not an ‘accident’ attracting SABS coverage
The LAT Cannot Decline to Consider Submissions at First Instance and Brand Them As Fresh Evidence In Reconsideration
Confirmation of employment does not automatically eliminate the need for an OCF-10 where IRB and NEB tests are met on an OCF-3
Adjudicator Grieves Finds a Stand-Alone Award Claim Permissible and Awards $5,550 for a Delayed NEB Payment
Catastrophic Assessment Report is Section 45(2)1 Compliant But Claimant Still Not CAT
Medical Evidence Matters
COVID-19 Related Business Interruptions Do Not Constitute an Insurable Loss
Sur-reply will be granted by LAT in Written Hearings to Deal with New Evidence Submitted in Reply
The Right to a Jury Trial Disappears Once a Claim Moves into Simplified Rules says a Recent Decision
The Court of Appeal for Ontario Draws a Line for Rebuilding Coverage Costs
Late NEB Claim not Excusable – Failure to Submit OCF 3 Bars Claim Prior to its Submission
Ignorance of the Law Apparently IS an Excuse: ONCA Addresses Coverage Implications on Consensual Use by Unlicensed Individuals: Pridmore v Drenth
Get It Right the First Time, Because Reply is Not a Second Kick at the Can