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?
There Will Be No Re-Litigating Issues at the LAT
Specified Benefits are Not Payable Prior to the Submitting of an OCF-3, No Matter the Excuse
Upcoming Changes to the Rules of Civil Procedure: Will They Help Make Litigation More Efficient?
LAT Finds CAT Designation Restricted to those Persons Directly Involved in an Accident under Pre-June, 2016 SABS.
Superior Court Rules SPECT Scan Evidence Inadmissible
Procedural Fairness in GCS Score for Catastrophic Impairment Analysis Requires Collateral Evidence to be Allowed
Exclusions: Are They a Free Pass to Negligence? The Court of Appeal Says No.
First Responders are Not Entitled to Accident Benefits for Psychological Trauma suffered as a result of responding to an accident: Travis v Aviva Insurance Company, 2021 CanLii 120883 (ONLAT)
Reconsideration by the LAT reverses earlier decision and finds CERB not akin to EI and not deductible from IRB
Home Acquisition Costs are Not a Benefit under the SABS
