LAT Adjudicator Concludes that the LAT Lacks Jurisdiction to Amend FSCO Orders
Ontario Court of Appeal Finds Medical Reason Is Not Required to Terminate IRBs
What is an Insurer’s Potential Exposure and Responsibilities Beyond the 260-week Post-Accident Mark? Han v. Wawanesa
First Decision of Its Kind on How to Calculate Post 65 IRB when Collaterals Paid to Age 65 Rescinded: Schuknecht v Economical
Weekly Benefits Claim Barred by Breach of S.55
Having an Insurance Policy Is Good, but Defending a Claim Personally and Settling it Directly Before Advancing the Claim to the Insurer is Not: Searles v Economical
A Finding of Catastrophic Impairment does not Automatically Deem Denied Payments Prior to a Declaration of CAT to be Deemed Incurred
A Modern Approach and Narrow Reading of Legislation Expand Reach of SABS Off-Road
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
