February 2023: NewsLATter
Suzanne Clarke will be Speaking at the MLST Annual CAT Program
First Decision of Its Kind on How to Calculate Post 65 IRB when Collaterals Paid to Age 65 Rescinded: Schuknecht v Economical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
Happy New Year 2023
Virtual Webinar: Emerging Issues at the LAT with Peter Durant, Rebecca Brown Greer, Ashley Shmukler, and Lauren Kolarek
December 2022: NewsLATter
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
October 2022: NewsLATter
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
Rebecca Brown Greer will be speaking at the SABS Summit: Key Updates on Accident Benefits
Judicial Review is not a Vehicle to Sidestep the Ontario Legislature’s Intent to Limit Court Interference with Accident Benefits Disputes
