Premature Appeal to Divisional Court from the LAT: JR vs Appeals
The Divisional Court brings greater clarity to the term Employed under s. 5(1) of the Statutory Accident Benefits Schedule
The Superior Court Maintains that NEBs do not Fall into the Income Loss Silo and are not Deductible from Tort Awards for Past Loss Income
Loss Transfer Arbitrator Refuses to Deduct Past Collaterals from Post-65 IRB Calculation
EI Sickness Benefits are Deductible from IRBS
Failing to Elect a Benefit Under the SABS May Bar an Applicant from Proceeding with a Claim
Compliant Notice to Self-Represented Claimant does not need to be Re-Served and Limitation Clock does not Re-Start When Counsel Subsequently Retained
LAT finds Surgically Implanted Prosthesis Should be Turned Off for Rating Catastrophic Impairments Under AMA Guides
Judicial Review is not a Vehicle to Sidestep the Ontario Legislature’s Intent to Limit Court Interference with Accident Benefits Disputes
Ontario Court of Appeal Affirms that HST Is Not Payable in addition to SABS Policy Limits: Dominion of Canada General Insurance Company v. Ridi, 2022 ONCA 564
Procedural Issues involving Expert Witnesses – Excluding, Deemed Undertaking Rule and Scope of Expertise: Crecoukias v Toronto Transit Commission by Julia Cohen
What Level of Corroboration is Required to Establish the Existence of an Unidentified Motorist? Hearsay Evidence is Acceptable
The LAT Exercises Its Discretion to Allow a Claim for IRB to Proceed Despite Applicant’s Failure to Attend IE and Provides Guidance on Sufficient Reasons for a Post-104 Week IRB Focused IE
Gilani v. Travelers Insurance Company of Canada, 2022 ONLAT 19- 009248/AABS: The LAT Has Exclusive Jurisdiction except when it has None by Selina Ferenac
Warren v Licence Appeal Tribunal, 2022 ONSC 3741: LAT Processes Do Not Create Procedural Unfairness by Julia Cohen
Ontario Court of Appeal Provides Direction for Accident Benefits Appeals Process: Judicial Review or Appeal?
Proving File Mishandling in Loss Transfer Disputes: Arbitrator Bialkowski Weighs in by Julia Cohen
GOS-E Is Not an Automatic Admission into CAT Funding: Adams v. Federated Insurance Company of Canada, 2022 ONLAT 20-009293/AABS by Karina Dziuba
Reducing Amount of Claim to Fall within Monetary Jurisdiction of Simplified Rules Does not Oust Substantive Right to a Jury Trial
Optional Benefits and the Implications on Priority Rules: Continental Casualty Company v. Chubb Insurance Company of Canada (2022 ONCA 188)
OAP 4 Garage Policies and Road Tests: Who Has Priority?
