Catastrophic Loss

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

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 

Eric Grossman is speaking at the Medico-Legal Society’s Annual Catastrophic Loss Program on February 13th

LAT Determines That Applying the CAT Definition as Outlined in the Legislation at the Time of the Accident is the Most “Harmonious Interpretation” by Adam Imtiaz

Personal Testimony During a Hearing is Important, but at the LAT – Impairments Must be Supported by Evidence by Joshua Edmunds and Sawarn Benning

Be careful what you Motion for: Frivolous and vexatious behaviour at the LAT can cost you

Suzanne Clarke will be Speaking at the MLST Annual CAT Program

A Finding of Catastrophic Impairment does not Automatically Deem Denied Payments Prior to a Declaration of CAT to be Deemed Incurred

LAT finds Surgically Implanted Prosthesis Should be Turned Off for Rating Catastrophic Impairments Under AMA Guides

Procedural Issues involving Expert Witnesses – Excluding, Deemed Undertaking Rule and Scope of Expertise: Crecoukias v Toronto Transit Commission 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

LAT Finds CAT Designation Restricted to those Persons Directly Involved in an Accident under Pre-June, 2016 SABS.

Eric Grossman is speaking at the Medico-Legal Society Catastrophic Loss Update

Superior Court Rules SPECT Scan Evidence Inadmissible

Procedural Fairness in GCS Score for Catastrophic Impairment Analysis Requires Collateral Evidence to be Allowed

A Denial of Pre-104 Attendant Care Benefits does not Start the Limitation Period Clock for Post-104 Attendant Care Benefits

Shooing Away Applications for Unreasonable CAT Assessments: R.M. v. Certas By: Aryeh Samuel and Melia Muboyayi

What Does “With” Mean when it comes to the CAT Definition Related to Traumatic Brain Injury by Arijana B. Schrauwen

2014 Amendment for Incurred Accident Benefits Applies to Earlier Accidents

Doctrine of Discoverability Applies: Tomec v. Economical

Treating Experts Cannot Meet with Insurer To Prepare to Give Evidence at a Hearing

How Much is Too Much to Charge in Fees on an AB Cashout

CAT Assessment Costs Are Excluded From the Non-CAT Entitlement Limit by Gordon Lee

How Much Attendant Care is Enough Attendant Care? LAT Considerations for CAT Applicants Arijana B. Schrauwen

Late Claim By Insured for Retroactive Attendant Care Allowed with Interest: 18-000790 v. Jevco Insurance Co.

CAT IEs: How Many is Too Many?

Status of Being an Insured Person Comes from SABS Definitions and Nowhere Else: 18-001020 v Wawanesa

Trials and Tribulations in Getting a Defence Medical Exam: Rintjema v TD Home

Denying Attendant Care as Not Incurred Fraught With Difficulty if Provider Trained as PSW Even if Not So Employed: A Study of Two LAT Decisions

No Analogous Care; Professional Attendant Care Providers Have To Be the Real Deal: Terranova and Economical by Lauren Furukawa

LAT Adjudicator Truck-ulent About Applying Secion 61 WSIAT Election

CAT Designation at LAT Not Easily Secured

How Much LAT-itude Will the Divisional Court Give On Judicial Review of a LAT “Non” Decision? Aviva Canada Inc. v. Taylor 2017 ONSC 2661 by Marni Miiller

LAT Addressed Whether an Applicant Can Claim Attendant Care For Injuries They Claim Were Sustained in Utero by Marni Miller

Disney Dreams Do Not Always Come True: Family Vacation Expenses Not Payable as Rehabilitation Benefits in F.V. v Wawanesa by Amanda Lo Cicero

Under Age Drinking in Your Home: Social Host Liability Revisited in Wardak v. Froom

How Much LATitude is there for Adding Issues to Existing FSCO Cases after April 1, 2016: Aviva and Duong

Tutorial on Procedural Fairness – Waldock v. State Farm Mutual Automobile Insurance Co., 2016 ONSC 6546

Claimants Cannot Get Much Mileage Out of Going to the LAT: The Decision in J.H. v Intact by Amanda Lo Cicero

Permanent Relationships in a Priority Context: Is it Permanent Today? (Intact v Allstate)

Kick and Save a Beauty – Goalies Get Rewarded But it Costs Insurers Who Deflect: The Priority Case of State Farm v TD & MVACF

The CAT Came Back – When does the limitation clock start to tick on catastrophic level claims?

Attendant Care as Self-Employed Income

The Changing Accident Benefits Regime: Ontario Regulation 251/15

The Dominion of Canada v. Chambers

The Top Five Accident Benefits Decisions of 2011

Personal Injury Settlements: Resolution Oriented Case Management, Mediation and Arbitration

The Impact of Monks v. ING

Commentary on Arts v. State Farm Mutual Automobile Insurance Company (2008) O.J. No. 2096

“Fair, Large and Liberal”, Where CAT Is At

The Role of Medical Evidence in Determining Whether a Brain Injuryis “Catastrophic”