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• Category: Blogs
  • The Handley Estate Rule: Disclosure of Partial Settlements & Abuse of Process
  • Superior Court Upholds Arbitral Decision Applying Deeming Provision in Relation to a Vehicle Made Available to the Claimant by a Corporation or by an Other Entity 
  • Divisional Court Overturns LAT Award of Attendant Care Benefits for Catastrophically Impaired Person
  • The Limits of Tribunal Discretion: Procedural Fairness in Intact Insurance Company v. Carpenter, 2026 ONSC 1443 (CanLII)
  • Notice Period or Limitation Period? Notification under the Priority Dispute Regulations & Pandemic Delays
  • Tribunal Finds Lost Educational Opportunities Satisfy the “Economic Loss” Requirement for Attendant Care Services
  • Beyond the Accident Residence: Expanding “Existing Home” Under the SABS
  • The Relationship Between Policy Exclusions and Endorsements: The SCC provides clarity in Emond v. Trillium
  • Where’s the Evidence? When Expert Reports Fall Short Under the Insurance Act
  • Not Just SABS: When Accident Benefits Disputes Move Beyond the Statute
  • Can a settlement and consent dismissal be set aside due to an issue of capacity?
  • LAT Orders Partial Rehearing Where Insurer Expert Evidence Was Untested
  • Expert Reports: Serve or be Served
  • Avoiding Double Recovery: Should a plaintiff be able to recover from both AB and Tort Settlements? Lessons from Barkley v. Sloan
  • Expert Evidence and CAT Impairment: The Court’s Strict Approach in Barkley v. Sloan
  • Repair or replace? The Insurer’s obligations under an Automobile Insurance Policy
  • The Importance of Causation and Mitigation: Why Avoiding Loss is the Plaintiff’s Responsibility
  • Professional Negligence in Accident Benefits: When Does Incorrect Legal Advice Breach the Standard of Care?
  • Visual Aids at Trial: How Nydam v. Cunningham Clarifies the Limits of Demonstrative Evidence
  • The Divisional Court quashes an adjudicator’s unreasonable factual findings
  • Mind the Rule in Browne v. Dunn, or Risk Losing the Jury
  • McFee v. Sutram et al., 2025 ONSC — The Expanding Duty of Care for Drivers with the Right-of-Way
  • Limitation Periods: A Hard Stop to Disputing a Denial before the LAT
  • No Rocky Road: Court Affirms Insurer’s Right to Settle
  • Knight v. Aviva: Tribunal Clarifies Billing Practices for Psychological Treatment
  • Court Reaffirms No Duty to Defend where Insured Found Not Criminally Responsible
  • Divisional Court Finds Seven Day Notice Period for Accident Benefits Can Be Viewed Less Strictly
  • Raza v. XL Specialty on Workers’ Compensation Plans and SABS
  • LAT Underscores Importance of Returning Settlement Funds Prior to Contesting Settlement
  • Just the Cost of Doing Business: Ontario’s Court of Appeal rules that O. Reg. 283/95 does not allow for the recovery of transactional expenses in priority disputes unless there has been a deflection
  • Proceeding with Litigation comes at a Cost
  • LAT’s One-Size-Fits-All Scheduling Approach Rejected by the Divisional Court
  • Stay in Your Own Lane – Divisional Court Defines the Boundaries of Opinion Evidence for CAT Assessors
  • Impecuniosity is not an exception to full and final settlement
  • Tenuta v BelairDirect: A Critical Analysis of Catastrophic Impairment Assessments
  • The Court of Appeal Upholds the Application of Tomec on the Running of Limitation Periods for IRB Denials
  • Government support programs may impact awards for past loss of income
  • Special Awards and Expert Evidence: Vivekanantham v. Certas Direct Insurance Company
  • Wrap Up or Wrap Out? Expanding the Definition of Subcontractors
  • Every Word Counts: Jazayeri v. Economical
  • Stay in Your Lane: Ontario Superior Court Decision Underlines the Importance of Proper Jurisdictional Channels in Accident Benefits Cases
  • The COA Offers Clarification on Discretion Afforded to Judges When Deviating from the Statutory 5% Prejudgment Interest
  • The COA weighs in on the definition of “incurred” for pre-September 1, 2010 accidents
  • Proposed SABS and Insurance Act Amendments Could Change How Auto Insurance Policies are Made and Paid Out
  • High Hurdle for Setting Aside Settlements: Court of Appeal Affirms Ruling on Alleged Incapacity
  • ONSCJ Finds Pre-Litigation Settlement Agreement Binding Absent Signed Release
  • Defending a Paramedic against a Professional Misconduct Complaint
  • ONCA Rules Unjust Enrichment & Corresponding Constructive Trust is Sufficient for Restitution and Orders Relief from Forfeiture
  • 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
  • WSIB and SABs, The LAT Weighs in on Section 61 to Prevent “Forum Shopping”
  • LAT Orders Case to be Reheard due to Original Decision Maker’s Failure to Identify Causation as a Key Issue by Daniel Hinds
  • Kolapully v. Myles, 2024 ONCA 350 – Non-earner benefits are deductible from tort awards for loss of income
  • Anticipating Delays in Civil Jury Trials: High Threshold in Striking Jury Notices by Elisa Prezzano
  • LAT application a Nullity – Avoidable?
  • More than Appealing – The Supreme Court of Canada approves the exercise of judicial review in addition to statutory rights of appeal
  • Injuries from physical assaults inside and outside a vehicle are not an ‘accident’ attracting SABS coverage
  • The LAT Cannot Decline to Consider Submissions at First Instance and Brand Them As Fresh Evidence In Reconsideration
  • Confirmation of employment does not automatically eliminate the need for an OCF-10 where IRB and NEB tests are met on an OCF-3
  • 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 
  • Medical Evidence Matters
  • COVID-19 Related Business Interruptions Do Not Constitute an Insurable Loss
  • Sur-reply will be granted by LAT in Written Hearings to Deal with New Evidence Submitted in Reply
  • The Right to a Jury Trial Disappears Once a Claim Moves into Simplified Rules says a Recent Decision
  • The Court of Appeal for Ontario Draws a Line for Rebuilding Coverage Costs
  • Late NEB Claim not Excusable – Failure to Submit OCF 3 Bars Claim Prior to its Submission
  • Ignorance of the Law Apparently IS an Excuse:  ONCA Addresses Coverage Implications on Consensual Use by Unlicensed Individuals:  Pridmore v Drenth
  • Get It Right the First Time, Because Reply is Not a Second Kick at the Can
  • Rome Wasn’t the Only Thing Burning: Medical Marijuana and Fire Loss Claims: Nero v Allstate
  • 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
  • The Updated LAT Rules: Which Rules apply as of August 21, and which Rules apply based on Date of Application/First Notice of CC by Karina Dziuba
  • Passage of Time Does not End Causation Analysis or Duty of Care Considerations where Negligence May Still be Active Cause of Injury:  Case v. Pattison, 2023 ONCA 529
  • Entitlement to attendant care benefits requires an Applicant to establish the services were incurred
  • Psychological Injury Claim as a result of Family Member’s Injury Must Result from Physical Injury to Family Member Rather than Psychological Injury By Noah Beiles
  • Why the LAT does not have jurisdiction over repayment of settlement funds
  • “Regular Use” Gets Expansive Application in Priority Dispute by Noah Beiles
  • LAT Orders Applicant to Pay $350 in Hearing Attendance Fees to Each IE Assessor She Summoned
  • Personal Testimony During a Hearing is Important, but at the LAT – Impairments Must be Supported by Evidence by Joshua Edmunds and Sawarn Benning
  • Ontario Court of Appeal Overturns Dismissal for Delay by Adam Imtiaz
  • Concerns of Costs and Efficiency Not Enough to Strike a Jury Notice in Recent Decision by Noah Beiles
  • Challenging Testamentary Capacity
  • Be careful what you Motion for: Frivolous and vexatious behaviour at the LAT can cost you
  • The Licence Appeal Tribunal’s Application of Res Judicata in the MIG Context
  • LAT Adjudicator Finds That Technical Deficiencies in a Settlement Disclosure Notice Do Not Provide an Automatic Right to Rescind 20-year Old Settlement Agreement
  • Premature Appeal to Divisional Court from the LAT: JR vs Appeals
  • 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
  • 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
  • Ontario Court of Appeal Provides Direction for Accident Benefits Appeals Process: Judicial Review or Appeal?
  • 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)
  • 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
  • Does the LAT Have Jurisdiction to Grant Interim Benefits to Insured Persons? The LAT says it does NOT
  • How Technical does a Review of Reasons for Denial have to be? Not So Much
  • Firewalls between AB and BI departments – A Cautionary Tale
  • Virtual Discoveries and Worsoff v. MTCC
  • Transparency: It Applies to Litigation Loans Too – Davies v. The Corporation of the Municipality of Clarington
  • LAT finds CERB to be akin to EI and Therefore Deductible from IRBs: Update – Decision Overturned
  • Important Two Part Evidentiary Requirement Exists Before an Expense is Deemed Incurred Under S3(8) of the SABS
  • Rheaume v. Foster, 2021 ONSC 5804: Court Imposes Discovery Plan in a Simplified Rules Action
  • It’s all Relative – Were They Really Involved in the Accident? by Kimberly To
  • Tipping v. Coseco Insurance Company: Peripheral Issues in an Accident Benefits Claim
  • Uber Sized Headache If You Are Using Your Personal Vehicle for Commercial Deliveries Without Disclosing It to Your Insurer
  • LAT Rejects Applicant’s Argument of Deficient Section 44 IE Notices, bars Application from Proceeding
  • Court Denies Motion to Strike Declaratory Relief in Statement of Claim
  • A Denial of Pre-104 Attendant Care Benefits does not Start the Limitation Period Clock for Post-104 Attendant Care Benefits
  • The Divisional Court Provides Guidance on Jurisdiction, Standard of Review, Calculation of Attendant Care Benefits, and Criteria for Special Awards
  • Competing Diagnostic Criteria for Chronic Pain Syndrome at the LAT by Mélia Muboyayi et al.
  • Section 7 of the LAT Act and the Impact on Limitation Periods
  • The Limitations Act and Discoverability Relating to Unidentified Motorist Claims
  • LAT Denies Benefits Until Such Time as the Claimant Attends EUO
  • The Ontario Court of Appeal Concludes that A Party’s Resources Is Not a Factor in Weighing its Decision to Not Settle a Case When it Comes to Costs by Grant Black
  • Definition of an Accident Under the Schedule in a Rideshare Context
  • Homes Alone: Managing your Vacancy Exclusion in Difficult Times
  • The Incompatibility of Jury Notices with the new Rule 76: Lightfoot v Hodgins
  • How Involved Do You Need to Be to be Involved in Accident Under the SABS? Arijana B. Schrauwen
  • Striking the Jury Notice for Delay During the Covid-19 Pandemic – A Discussion of Two Recent Decisions
  • Tribunal Suspends Benefits for Claimant’s Failure to Attend EUO
  • “People Make Mistakes”: The Trials and Tribulations of an Articling Student During a Pandemic By: Endi Batino
  • There is No Longer Impunity for Online Behaviour: The Tort of Internet Harassment in Ontario
  • The Covid-19 Emergency Orders and the Implications on Limitation Defences: A Discussion by Arijana B. Schrauwen
  • The Substantive over the Procedural
  • Redefining LAT Costs Awards pursuant to Rule 19 of the Common Rules of Practice and Procedure
  • The Applicable Standard of Review in Accident Benefits Priority Claims Gets a New Look Due to Vavilov
  • Tearing Down Firewalls – An Attack of Fundamental Principles
  • Important Appeal re s. 7 of LAT Act is Postponed until February 19, 2021
  • Payment Predicament: Who Bears the Costs of Productions in Personal Injury Cases as outlined in Trumble v. Soomal, 2020 ONSC 8097 (CanLII) by Arijana Schrauwen
  • True Benefit or Practical Drawback? Union Disability Benefits and Collateral Deductibility By Ledya Abdalla
  • Duggan v. Durham Region Non-Profit Housing Corporation – direction from the Court of Appeal on Bifurcation and stare decisis
  • The Limitations Act and the SABS: A Minor Problem, Aquino vs. Aviva Insurance Company, 2020 ONLAT 19-006577/AABS
  • Motions to Strike a Jury – an Evidence Based Approach
  • Dishing the Dirt – Litigating is a Family Matter
  • Self-Represented Parties Do Not Get an Automatic Pass: Huma v. Mississauga Hospital et al. By: Aryeh Samuel and Yalda Aziz
  • Questions of Capacity and Settlement Documents – Lessons at the LAT by Arijana B. Schrauwen
  • Shooing Away Applications for Unreasonable CAT Assessments: R.M. v. Certas By: Aryeh Samuel and Melia Muboyayi
  • Revisiting Causation: Better Late Than Never by Ledya Abdalla
  • Big Case, Little Impact; FCA negates to deal with property damage trigger in finding BI coverage for Covid-19
  • What Does “With” Mean when it comes to the CAT Definition Related to Traumatic Brain Injury by Arijana B. Schrauwen
  • How Much Does a Release Cover? The Applicability of Releases Between Actions in Temple v. Bailey
  • Switching Gears with E-Bikes:  Insurance Related Issues
  • The Consequences of an Insured’s Failure to Attend Insurer’s Examinations. By Aryeh Samuel and Jonathan Beiles
  • Interplay Between Doctrine of Discoverability and Claims for Income Replacement Benefits. By Aryeh Samuel and Jonathan Beiles
  • Managing Cases to Trial: Sun v. Ferreira and Dismissal of Summary Judgment Motion
  • Applications to Approve a Settlement: What Will and Will Not Satisfy Judges
  • Summons to Produce Third Party Records: An Issue of Procedural Fairness Where Timing is Everything By: Aryeh Samuel and Diana McBey
  • Ontario Court of Appeal Confirms Entitlement to Proceeds of ATE Policy
  • #Vanlife During COVID-19: What You Need to Know Before Heading Out in an RV
  • Mind the Gap Between What is and is Not an “Accident” – P.H. v. Aviva
  • The LAT Awards Applicant over $20,000 in Reasonable and Necessary Medical Marijuana
  • LAT Upholds Insurer’s Right to an IE Despite PIPEDA and Charter Challenges
  • New Vehicle Coverage – A Warning to Insurers When New Vehicles Are Acquired by Arijana B. Schrauwen
  • What Constitutes a Proper Denial of Specified SABS Benefits for the Purposes of Starting a Limitation Clock in Disputing that Denial?
  • Should HST count against an Insured Person’s benefit limits?
  • Want an Order from LAT Compelling the payment of ongoing benefits after benefits reinstated by Insurer? Think again….
  • Spilling the Tea at the LAT isn’t as lucrative as spilling the coffee in court: M.P. v Allstate
  • Who’s Suing Who? – Tuffnail v Meekes
  • Ontario’s Insurance Laws do not have Extraterritorial Effect
  • A Cautionary Tale of Non-Compliance with Documentary Production Obligations
  • Residential Fires and COVID: In our COVID -19 World, it is Important to Remember Safety First
  • 2014 Amendment for Incurred Accident Benefits Applies to Earlier Accidents
  • Tips for Staying Focused During COVID-19
  • Timing Is Everything: Ontario Summer Camps and Business Interruption Insurance
  • The Show Must Go On: Using Technology In Litigation
  • Court of Appeal Rules on Joint Document Briefs, Admissibility of Participant Expert Diagnoses, the Available Uses of Accident Benefits Settlements, and the Role of Counsel and the Court with Self-Represented Litigants.
  • To Smoke Weed, or to Not Smoke Weed, That is the Question… by Chantalle J. Youkhana
  • Clarification on the Reasonable Foreseeability of Injury or Harm Arising From the Theft of a Vehicle
  • Vacancy Exclusions
  • TRAVEL MEDICAL INSURANCE AND COVID-19
  • Court of Appeal Clarifies the Duty to Defend and Ability to Control Litigation Where Overlapping Coverage Exists: Markham v AIG
  • An action Commenced by a Condominium Corporation is not rendered a nullity if the corporation fails to serve a written notice on its owners as required by section 23(2) of the Condominium Act.
  • COVID-19: Limitations Need Not Apply
  • Business Interruption Claims Under the Coronavirus (COVID-19) Pandemic
  • Last Minute Counsel Switcharoo: Adjournment Tactics in Mallette v. The Wawanesa Mutual Insurance Company by Arijiana B. Schrauwen
  • Important Upcoming Appeal re Limitations Periods at the LAT
  • Discoverability and Threshold in a Summary Judgment Motion – Two Years From When?
  • The “New” Standards for Standard of Review
  • Bars to Success: Importance of s. 53.03 Timelines and Plaintiff Consent to Medicals by Arijana B. Schrauwen
  • Reserve Information Irrelevant and Not Subject to Production: Kanani v. Economical
  • Traders v. Gibson – Who’s in your Household: The Non-Arm’s Length Renter
  • Bernard v. Lamarsh: Pursuing Credits or Saving Costs – We Can’t Have it All
  • Don’t Shoot the Messenger
  • Doctrine of Discoverability Applies: Tomec v. Economical
  • Credibility is a Triable Issue for Insurance Claim of a Stolen Ring worth over $500,000.00
  • Treating Experts Cannot Meet with Insurer To Prepare to Give Evidence at a Hearing
  • BC Court Finds That Limiting the Number of Experts in Motor Vehicle Accident Cases is Unconstitutional by Dagmara Mroczkowska
  • Deference Owed to Adjudicators : Waldock v State Farm Mutual Automobile Insurance Co.
  • Failure to Submit OCF-3 Acts as Complete Bar from Appealing Insured’s Refusal to Pay IRBs By Michelle Isenstein
  • Divisional Court Determines Standardized Denial Letters Won’t Suffice to Deny Medical Treatment Under the SABS
  • Tolling Agreement Must Mean There was a Limitation To Toll in the First Place: M.H. and Western Assurance Company by Dagmara Mroczkowska
  • Aviva Insurance Company v Wawanesa Mutual Insurance Company, 2019 ONCA 704: Who is a “lessee” under priority rules?
  • Orthopaedic Referral Available from Physician to OHIP Assessor Makes SABS Claim for Orthopaedic Assessment Not Reasonable or Necessary – The case of 17-006781 v Aviva by Arijana B. Schrauwen
  • Section 7 of the LAT Act – North Blenheim is Not the End of the Story Where LAT Has No Jurisdiction to Grant Relief from Limitations: 18-001196 v Certas
  • McKay v Park: Someone Grabbing the Wheel is Non Consensual Use and Does Not Create Vicarious Liability by Natalie Laing
  • Taking an Off Coverage Position After Defending the Claim without a Reservation of Rights or Non Waiver Agreement Causes Waiver of Rights by insurer
  • Be strategic about how and when to disclose surveillance where it will have an impact on its use at trial
  • All’s Fair in Love and Wills
  • Does “accident” under the SABS include a home vehicle repair gone wrong?: CC v Intact
  • Response to Section 33 Non Compliance Must be Timely To Have any Chance of Being Viewed As Reasonable Explanation
  • Limitation Defence Meets its Match in Section 7 of the LAT Act
  • Pre-Existing Psychological Conditions No Bar to CAT Designation by Doug Letto
  • Expert Reports: Disclosure Obligations with Respect to Letters of Instruction and Other Foundational Documents: Edwards v. McCarthy
  • How Much is Too Much to Charge in Fees on an AB Cashout
  • The Court’s View of Priority Disputes between Accident Benefit Insurers Providing Basic Mandatory Versus Optional Enhanced Coverages to their Insureds
  • Reconsideration Decision: What constitutes “compelling evidence” of a pre-existing condition and who holds the burden of proof? by Mallory Allan
  • CAT Assessment Costs Are Excluded From the Non-CAT Entitlement Limit by Gordon Lee
  • Ontario Court of Appeal Holds Rescission Ab Initio Not Available for Auto Policies
  • How Much Attendant Care is Enough Attendant Care? LAT Considerations for CAT Applicants Arijana B. Schrauwen
  • No-Show at Insurer Examination Bars LAT Claim: O.H.A and Aviva General Insurance Company by Mallory Allan
  • Go to EUO But Don’t Answer Questions: That is a No Go – 17-002366 v Coachman by Diana McBey
  • Material Misrepresentation Exclusion Tough to Prove: 18-001028 v. Aviva Insurance Canada by Mallory Allan
  • Reconsideration Denied: Legality Of Third Party IE Vendors And Adjudicator Discretion In Hearing Formats by Gordon Lee
  • Don’t Believe Everything You Read: It Is Possible to Address Credibility in a Written Hearing by Josephine Comegna
  • Surprising the Panel at Divisional Court: Barnes v. Motor Vehicle Accident Claims Fund, 2019 ONSC 1782 (CanLII)
  • Late Claim By Insured for Retroactive Attendant Care Allowed with Interest: 18-000790 v. Jevco Insurance Co.
  • When Can “Big Brother” Be Watching You ….and Not Tell You about It? by Chantalle J. Youkhana
  • After The Event Insurance: Who Gets The Proceeds? Peter B. Cozzi Professional Corporation v. Szot, 2019 ONSC 1274 by Leah Dick
  • CAT IEs: How Many is Too Many?
  • But For Misstating the Test – “But For” is the Causation Test for Accident Benefits: Sabadash v State Farm
  • Ignore LAT Rules and Case Conference Orders on Production Timelines at Your Peril: 18-005028 v. Allstate
  • Unlike Peter Pan, In the World of Insurance, People Do Grow Up: Adult Children Are Not Members of the Household
  • Slip and Falls on Public Property: Are you an Occupier? Janssen v. William and Markle Jewellers Ltd. Clarifies by Leah Dick
  • Resolute Advocacy Requires Submissions by Counsel at Least to Have a Reasonable Basis or Be Made in Good Faith
  • No “Do-Overs” For Priority Acceptance By Sophisticated Insurer Litigants: The Case of Pembridge Insurance Co. v. Sovereign General Insurance Co.
  • Zone of Privacy Extends Litigation Privilege To Active Claims Even When One “Dispute” Resolves: M.D. v. Aviva by Greg Specht
  • Silos Replace Apples: Treatment of Collateral Benefit Deductions in the Court of Appeal
  • An Occupational Hazard For Truck Drivers: Underinsurance by Chantalle Youkhana
  • Director’s Delegate Overturns FSCO Arbitrator and Confirms that MIG is Constitutional: Abyan v Sovereign by Amanda Lo Cicero
  • Does an Improper Cancellation of an Insurance Policy Stay in Force Perpetually: CAO Says Not on the Facts of this Case
  • Status of Being an Insured Person Comes from SABS Definitions and Nowhere Else: 18-001020 v Wawanesa
  • Discoverability and Claims for Contribution and Indemnity
  • Reasonable and Necessary? A Closer Look at 17-006160 v Aviva Canada
  • Implied Consent Not Easily Established – Leigh and Michaud-Shields by Greg Specht
  • Alleging that Insurer Is Trying to Bolster its Denial for a Hearing is Not Sufficient Reason for Refusing an Insurer Examination: LAT Decision 17-002973 by Hesam Motevalli
  • Regional Senior Justice Dismisses Plaintiff’s Attempt at Excluding Potential Jurors Who Drive and Pay for Automobile Insurance: Kapoor v. Kuzmanovski, 2018 ONSC 4770 by Nora Refai
  • A Diagnosis of Chronic Pain is not on its own Sufficient to Take A Claimant out of The MIG
  • LICO Approach with Pre-Tax Dollars Applied in Echelon General Insurance Company and Unifund Assurance by Natalie Laing
  • Making the Case for Chronic Pain at the LAT: MNM v. Aviva 17-007825
  • Reasonable Apprehension of Bias at FSCO: Yang and Co-Operators by Dagmara Mroczkowska
  • The Continued Use of OCF 9 Forms after they were Discontinued by Superintendent Led to Invalid Refusal of Benefits: Delegate Evans in Bharat v State Farm
  • To Bifurcate or Not To Bifurcate – That is the Question: Robichaud et al. v. Constantinidis
  • Court of Appeal Finds Nothing Funny in Letting Insured George Carlin Get Windfall $100K Over Actual Loss: Gore Mutual Insurance v. Carlin, 2018 ONCA 628 by Sean Valentine
  • LAT Gets Taken to the Mat by Divisional Court on Lack of Transparency in Decision Making Process: Shuttleworth v LAT and Peel Mutual by Tripta Sood
  • Court of Appeal Upholds Decision to Maintain Administrative Dismissal, Clarifies Application of Rules 48.15 Since Repealed by Devon McIntyre
  • Refusal to Mediate, the Use (and Expense) of Jury Focus Groups, ATE Insurance, and Their Impact on Costs – Canfield v. Brockville Ontario Speedway
  • An Uber Decision: First Priority Arbitration Involving Ridesharing Policy Finds That Uber Policy is Priority Insurer for an Uninsured Passenger’s Accident Benefits Claim
  • Law Society Takes 6+ Years, But Finally Strips Roland Spiegel’s Licence as a Paralegal by Natalie Laing
  • Supreme Court of Canada Revisits the Duty of Care: Rankin (Rankin’s Garage & Sales) v. J.J. (2018 SCC 19) by Dagmara Mroczkowska
  • Executive Chair Lamoureux Says Request for Reconsideration at the LAT Must Precede Judicial Review
  • Sign a Waiver and its All Downhill from there: Court of Appeal Entrenches the Legal Use of “Waivers of Liability” at Ski Resorts across Ontario by Nicholas Carmichael
  • Rule 9.1 of the LAT Rules of Practice and Procedure Used to Give a Dilatory Claimant A Second Chance To Submit Evidence
  • Reasonableness Standard Applied by Court of Appeal Even Where Parties Agree to Correctness Standard in Arbitration Agreement
  • Refusal to Attend a Section 44 Insurer’s Examination Results in the Tribunal’s Refusal to Hear the Matter by Nora Refai
  • Stand Alone Bad Faith Claim Not Actionable in the Courts – Licence Appeal Tribunal Has Sole Jurisdiction By: Nora Refai
  • Have No Fear: Limitation Period Defences Do Still Exist At The LAT
  • Lessons From the Court of Appeal: A Driver’s Standard of Care During a Drug Deal And Summary Judgment With A Limited Evidentiary Record
  • Trials and Tribulations in Getting a Defence Medical Exam: Rintjema v TD Home
  • Court Of Appeal Applies Reasonableness Standard Of Review To Arbitral Decisions Resolving Priority Disputes Between Insurers
  • Live By The Sword And Get Skewered On Costs When You Lose by Alex Woo
  • Payment Of NEBs In Underlying AB Claim Does Not Preclude The Same Insurer From Denying Coverage In The Tort Context When Vehicle Taken Without Consent by Richard Kreder
  • Last Minute Surveillance Prior To Trial Can Lead To Mistrial and Lots of Costs
  • Executive Chair Extends LATitude to Limitations in Reconsideration on Her Own Initiative
  • LeFeuvre v. Boekee: Insurers Can Lose Control of the Handling of the Defence of a Claim When There is Potential Conflict with Their Insureds
  • 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 Finds that An Intentional Failure to Notify of a Change in Material Risk Entitles an Insurer to Repayment by Natasha Milne
  • Secret Recording of a Defence Medical Examination is Not Permitted by Tripta Sood
  • LAT Determines that Mistaken Payments Do Not Give Rise to Argue Equitable Estoppel
  • LAT Confirms That Injuries Arising Out of Staged Accidents Are Not Compensable Under the SABS by Alex Woo
  • What Can Priority Learn From Loss Transfer?
  • Court Of Appeal Weighs In On Municipal Standard Of Care For Roadways, Application Of Section 4 Of The Negligence Act, And Application Of Statutory Discount Rate by Nicholas Carmichael
  • Court Refuses To Hear Motion On Putting Effect of Statutory Deductible To The Jury, Nwokomah v. Galle, 2017 ONSC 6880 by Nicholas Carmichael
  • Do Legislative Changes Affect Vested Rights? The 1% Solution by Nora Refai
  • Broad Definitions Of “Automobile” and “Accident” For Accident Benefits Claims At The LAT
  • LAT Adjudicator Truck-ulent About Applying Secion 61 WSIAT Election
  • Duty to Defend Property Manager Where Listed on Policy as Additional Insured Not Automatic Where Property Manager May Be Liable in Negligence by Virtue of Its Own Acts or Omissions by Richard Kreder
  • I won! Making Sense of a Jury Verdict in the Changing World of Personal Injury Law
  • Causation Test For Accident Benefits IS The “But For” Test: FSCO Director Decision
  • FSCO Finds MIG Unconstitutional In Respect Of Its Treatment Of Chronic Pain by Amanda Lo Cicero
  • Deemed Waiver of Solicitor-Client Privilege Requires Making Legal Advice a Substantive Issue in a Party’s Claims or Defence by Robert Jones
  • The Opposite of Deflection When it Comes to Loss Transfer Disputes: Primmum Insurance Company v. L’Unique Assurances Générales Inc. 2017 ONSC 5235 by Alex Woo
  • David v. Tangri: Using the Deemed Undertaking Rule to Use a Plaintiff’s Tort Discovery Transcript at the LAT
  • Capacity Issues Can Crop Up At Anytime and Vigilance is Required When Settling AB Claims by Robert Jones
  • Does Family Protection Endorsement on Company Car Apply for Underinsured Coverage Arising From Out of Province Rental Car Use? by Nicholas Carmichael
  • ATE Insurance Policy Has An Impact On Costs Award Against Unsuccessful Personal Injury Action
  • If You are Going to Fall Down and Hurt Yourself, Best Do It in the Proximity of a Parked Vehicle by Timothea Leung
  • LAT says ATV incident on Owner’s Property Isn’t An Accident and That The Doctrine of Estoppel Is Not a Remedy Within the LAT’s Jurisdiction by Marni Miller
  • Court of Appeal Says: Ours is Not to Reason Why, Ours is Just to Show Up to the EUO
  • First LAT Appeal to the Divisional Court Applies the Reasonableness Standard of Review to a MIG Determination
  • Application of the Transmission of Force Doctrine in Priority Disputes: Unifund Assurance Co. v. ACE INA Insurance Co, 2017 ONSC 3677 by Amanda Lo Cicero
  • The Standard of Review: Pretty Soon Someone Will Get Tired of Reviewing This
  • Is a Personal Liability Umbrella Excess To An Owner’s Policy or Vice Versa? Benson v. Walt
  • CAT Designation at LAT Not Easily Secured
  • Supreme Court of Canada Says That Diagnosis and Expert Evidence Not Required For Finding of Compensable Mental Injury by Amanda Lo Cicero
  • Taxi Company Found Not To Be Vicariously Liable for Sexual Assault Perpetrated By Its Driver by Dagmara Mroczkowska
  • LAT Smackdown by Executive Chair on Lack of Transparency and Accountability of Adjournment Decision Making by Timothea Leung
  • Court Dismisses Constitutional Challenge of SABS and Tort Amendments in Ontario Insurance Act
  • LAT critical of Applicant Experts Who Do Not Perform Validity Tests: H.Y. and Aviva Insurance Co.
  • The Limits of Good Faith Obligations: Usanovic v. Pencorp Life Insurance Company
  • 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
  • Judicial Interventions During a Trial – How Far is Too Far?: Cannon v. Cemcor Apartments Inc., 2017 ONCA 378
  • Does The Litigation Guardian Need To Sign A Release Where Court Approval Required? by Amanda Lo Cicero
  • Being Late At The LAT: Does Late Service Of A Report Mean A Hearing Will Be Adjourned? by Marni Miller
  • Too Little, Too Quick To The LAT
  • Perfection Is Not Required: ONCA finds that strict compliance with s.227(1) of the Insurance Act Is Not Required For An Excluded Driver Endorsement by Danielle Malone
  • Accident Benefits Regime Does Not Provide Vested Rights: MVACF and Barnes
  • CAO Reaffirms That Commercial Hosts Can Assume “Occupier” Status of Municipal Sidewalks by Nicholas Carmichael
  • Putting House in Wife’s Name After Being Sued For Over Limits Claim May Be Considered A Fraudulent Conveyance by Courtney Madison
  • Is There An Obligation To Disclose The Identity Of The Insurers Responding On Behalf Of The Defendant To A Jury? By Nasyr Asmi
  • Insurers Flat Fee Agreements Should Not Inure to the Benefit of Unsuccessful Plaintiffs: Connors v. D’Angelo by Timothea Leung
  • LAT Addressed Whether an Applicant Can Claim Attendant Care For Injuries They Claim Were Sustained in Utero by Marni Miller
  • Low Solicitor Client Charge Does Not Necessarily Provide Windfall to Losing Party in Action Obliged to Pay Costs by Nasyr Asmi
  • Potentially Large Changes Loom For Jury Trials In Motor Vehicle Accident Cases by Robert Jones
  • Case Proves Yet Again That You Will Get $0 Costs At The LAT
  • Insurance Brokers May Be on a Collision Course With Insurers Over Coverage Issues by Robert Jones
  • First Costs Award Levied by LAT Against Insurer for Unreasonable Conduct: $250 for Breaching Production Order
  • Disney Dreams Do Not Always Come True: Family Vacation Expenses Not Payable as Rehabilitation Benefits in F.V. v Wawanesa by Amanda Lo Cicero
  • Implied Consent for 15 Year Old Not Easily Established: Conners v. D’Angelo by Nicholas Carmichael
  • SJ Motions – The Implications of Not Showing Up and Taking Adverse Position Later: D’Onofrio v. Advantage Car & Truck Rentals Limited, 2017 by Robert Jones
  • Circumstances Affecting Discoverability in Property Cases by Timothea Leung
  • Under Age Drinking in Your Home: Social Host Liability Revisited in Wardak v. Froom
  • Pizza Oven Heat Therapy by Heather Kawaguchi
  • Driving Without Insurance Conviction Doesn’t End Discussion in Civil Context if Whether or Not Policy is Validly Cancelled: CAO Says Not an Abuse of Process to Allow Such Evidence to Be Examined in Intact v. Federated by Richard Kreder
  • The Supreme Court of Canada Weighs in on Whether CPP Disability Benefits are “Disability Benefits from a Policy of Insurance”: Sabean v. Portage La Prairie Mutual Insurance Co. 2017 SCC 7
  • How Much Latitude Will the LAT Give to Missed Deadlines: S.G. and Unifund
  • Side Agreements in Loss Transfer Situations Reprised: Wawanesa v. ACE INA
  • Chain Reaction Collisions in Loss Transfer May Require a Leap(frog) of Logic: Kingsway v. Dominion by Amanda Lo Cicero
  • How Much LATitude is there for Adding Issues to Existing FSCO Cases after April 1, 2016: Aviva and Duong
  • Repayment of Overpayments at the LAT: Aviva Canada and S.A., 2016 CanLii 96164 by Marni Miller
  • The Effect of Side-Agreements Between Insurers and their Insureds in Loss Transfer Situations: Certas Direct v. ACE INA
  • Section 33 Non Compliance Can Bite A Claimant: Tesfagiorgis and State Farm (FSCO A14-003779)
  • Priority Rules and the Strict 90 Day Limitation on Notice – Sometimes 90 days isn’t 90 days: Allstate v. State Farm and Dominion
  • Pre-Judgment Interest
  • How to Profit from a Stolen German Luxury Vehicle: Burden of Proof in Car Theft Claims by Nicholas Carmichael
  • Onus and Burden of Proof in Loss Transfer cases: The Personal v. Zurich
  • Who Says Crime Does Not Pay?
  • Watkins v. Western Assurance Company, part 1 No OCF-1 or OCF-3! – A son’s claim for non earner benefits as a result of his mother’s accident dismissed by way of summary judgement
  • Watkins v. Western Assurance Company, part 2 A son’s derivative claim for breach of contract, mental distress and loss of income due to the alleged negligent handling of his mother’s accident benefits claim
  • Act with Clean Hands in SIU Cases: Economical Mutual Insurance Co. v. Alakeswaran by Jeremy Shaw
  • Protecting Privileged Surveillance and a Defendant’s First Right of Discovery
  • Broadly Worded Contracts Can Result in an Absurdly Broad Duty to Defend: Hill v. Intact Insurance Company by Jeremy Shaw
  • Can You Apply for Uninsured Motorist Coverage for Your Own Insured Vehicle?
  • Surprise Surprise: Clear Terms of an Insurance Related Contract are Enforceable: Routh Chovaz Insurance Brokers v Aviva by Jeremy shaw
  • Nailing Down Inconsistencies and Asking the Adjudicator to Draw a Negative Inference – Lan Thi Nguyen and State Farm Mutual Automobile Insurance Company (FSCO A13-012623)
  • Mandatory Means Mandatory: Claimants must proceed through the dispute resolution scheme found in sections 279 to 283 of the Insurance Act by Amanda Lo Cicero
  • The LAT is No Fresh Prince for Plaintiffs: Belair and Scarlett is Being Followed So Far by Emma Duggan
  • Determining Threshold After the Jury Has Spoken or Scaling the Wall of the Deductible: A New Challenge to Cost Awards by Nicholas Carmichael
  • Can An Insurer Deny a Claim for Misrepresentation After Honouring It Initially: Kayretli and the Personal
  • Tutorial on Procedural Fairness – Waldock v. State Farm Mutual Automobile Insurance Co., 2016 ONSC 6546
  • Court of Appeal Affirms Power of Counsel to Time Disclosure of Expert Reports
  • Intact v. Beaudry: Consenting to the IE and the Forms Used to Memorialize that Consent
  • Who Knew: Electric Golf Carts Operated in an Airport Terminal Aren’t “Automobiles” by Tom Hughes
  • Hoang v Vicentini:  Lots of Ink Spilled on this case – is this the end? by Tom Hughes
  • Experts’ Failures Do Not Toll Limitation Periods for Plaintiffs in a Post-Hryniak World
  • Huang v Braga: How to Deal With Capacity Assessments for Unrepresented Litigants
  • Claimants Cannot Get Much Mileage Out of Going to the LAT: The Decision in J.H. v Intact by Amanda Lo Cicero
  • When Summary Judgment is Reasonable and Necessary: The Importance of Responsive Medical Reports by Timothea Leung
  • The Cost of Doing Business: The Issue of Costs at LAT
  • Permanent Relationships in a Priority Context: Is it Permanent Today? (Intact v Allstate)
  • Ignore the DRPC at Your Peril
  • S v. Aviva, If My Impairment is Confusion, This Accident Was a Direct Cause by Tom Hughes
  • Does a Municipality Owe a Duty of Care to Motorists Where Regulated Taxis Breach Regulation Requiring Minimum Insurance Limits?
  • Dissolved Corporation Has a Right To Defend
  • 90 Day Notice Not Only To Be Strictly Construed v. Other Insurers in Priority Claims, But Also To Insured Person
  • Kick and Save a Beauty – Goalies Get Rewarded But it Costs Insurers Who Deflect: The Priority Case of State Farm v TD & MVACF
  • Everything You Ever Wanted to Know About Threshold Motions, But Were Too Afraid to Move On Before Trial
  • PiPEDA Cannot Be Used As a Sword by Clinics Accused of Fraudulent Billing
  • Coaxing apart the Gordian Knot: Untangling Priority Disputes Where Claimant Has a Choice of Insurer and Has Not Exercised It
  • Falling on Ice is not an Accident except when it is an Accident: How Not to Stumble While Navigating Through this Slippery Area of the Law
  • Understanding the Causation Test – Chisholm, Assaults and You
  • State Farm and Aslan – Exams Under Oath: Just Give Them One Good Reason by Tom Hughes
  • Are Computer Generated Records Sufficient Evidence to Prove A Cancellation of a Policy?
  • The CAT Came Back – When does the limitation clock start to tick on catastrophic level claims?
  • Due Diligence and Limitations –Just Because a Plaintiff is not Diligent, it Does Not Mean that the Limitation Defence Will Succeed
  • The Road to OPCF-44R Recovery: It Runs Through Minnesota and Ends with Special Damages
  • Attendant Care as Self-Employed Income
  • No Duty to Defend: AXA Insurance wins appeal
  • Randhawa and State Farm: The Importance of Being Earnest
  • I’m an Alien, I’m an Illegal Alien, How Do I Claim Uninsured Motorist Coverage?
  • Abuse of Process in Priority Disputes
  • What Do Accident Benefit Insurers Know and When Do They Know It: An Important Reminder
  • IE Rights with No Strings Attached
  • The AIDRS Open Information and Q & A
  • Quick and Dirty – That’s How Loss Transfer Rolls
  • FSCO Assesses the Capacity of a Self-Represented Claimant
  • Vicarious Liability and Consent: Vehicle Owners Beware
  • Westerhof v Estate of Gee et al.; McCallum v Baker, 2015 ONCA 206: The Scope of Admissible Expert Evidence under the post-2010 Amendments to Rule 53 of the Rules of Civil Procedure – “Back to the Future”
  • Winters v. Haldimand County 2015 ONCA 98: Obvious Hazard, No Duty to Warn
  • Dominion of Canada General Insurance Company v. Axa Insurance (Canada) et al. (Hunter)
  • Punitive Damages Award Involving A Staged Accident
  • Sagan v. Dominion of Canada General Insurance Company, 2014 ONCA 720: The Ontario Court of Appeal speaks (again) on the limitation period issue in accident benefit claims
  • Cuff v. Gales, 2014 ONSC 4756: A Cautionary Tale with respect to Interlocutory Motions for Undertakings and Refusals by Courtney Madison
  • Rule 6.1.01 does not remove the Court’s inherent jurisdiction to bifurcate a non-jury trial
  • Azzopardi v. Doe
  • Schmitz v. Lombard General Insurance Company of Canada by Hassan Ahmad
  • Saisho v. Loblaw Companies Ltd
  • Are Summary Judgement Motions the Most Inefficient and Least Inexpensive Method of Litigation? Maybe so… by Zeitoon Vaezzadeh
  • Sagan v. Dominion of Canada General Insurance Company
  • Gvorffy v. Drury by Dilraj Sandhu
  • Kozel v. The Personal
  • Stillwell v. World Kitchen Inc., et al. (2013) by Sarah Deol
  • Sietzema v. Economical Mutual Insurance Company, 2014 ONCA 111: The Court of Appeal speaks on the Application of the Two Year Limitation Period in Accident Benefit Cases
  • Pursuing Insureds for Reimbursement where the Insurer denies coverage and settles the Plaintiff’s Claim
  • Jetport Inc. v. Global Aerospace Underwriting Managers
  • Scarlett v. Belair
  • Trottier v. Beauchamp – Scandalous Statistics and Purchasing Patterns in Pleadings
  • Katanic v. State Farm by Hassan Ahmad
  • The Dominion of Canada v. Chambers
  • Category: Covid-19 Court
  • Category: Class Actions
  • Category: Priority
  • Category: privacy
    • Video Evidence and Privacy Protections
  • Category: Technology
  • Category: Catastrophic Loss
    • A Finding of Catastrophic Impairment does not Automatically Deem Denied Payments Prior to a Declaration of CAT to be Deemed Incurred
  • Category: Licence Appeal Tribunal
    • 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
    • The Divisional Court Brings Greater Clarity to the Term Employed under s. 5(1) of the Statutory Accident Benefits Schedule
    • 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
    • Procedural Issues involving Expert Witnesses – Excluding, Deemed Undertaking Rule and Scope of Expertise: Crecoukias v Toronto Transit Commission by Julia Cohen
    • 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
    • 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
    • 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
  • Category: Appellate
    • A Modern Approach and Narrow Reading of Legislation Expand Reach of SABS Off-Road
  • Category: Coverage
    • 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
    • What Level of Corroboration is Required to Establish the Existence of an Unidentified Motorist? Hearsay Evidence is Acceptable
  • Category: Tort MVA
  • Category: General Liability
  • Category: Product Liability
  • Category: Property
  • Category: Simplified Procedure
  • Category: Special Investigations
  • Category: Loss Transfer and Priority Disputes
    • Loss Transfer Arbitrator Refuses to Deduct Past Collaterals from Post-65 IRB Calculation
    • Proving File Mishandling in Loss Transfer Disputes: Arbitrator Bialkowski Weighs in by Julia Cohen
    • OAP 4 Garage Policies and Road Tests: Who Has Priority?
  • Category: Examination Under Oath
  • Category: Pollution
  • Category: Subrogation
  • Category: Sharing Economy
  • Category: Workplace Safety Insurance and Appeals
  • Category: Professional Negligence
  • Category: Commercial Litigation
  • Category: Estate Litigation
  • Category: Simplified Rules
  • Category: Covid Business Resources
  • Category: Cannabis
• Category: Publications
  • Where are the Coverage Gaps for Rideshare Drivers – Article in Canadian Underwriter Magazine
  • The New LAT Rules: Effective August 21st, 2023
  • OBA: Anatomy of a Trial – Examination of Police Accident Reconstructionist and Expert Engineer
  • Civil Procedure & Practice in Ontario: Rules of Civil Procedure Chapters, Pre-Trial Procedures, Rule 47 – Jury Notice – 2021
  • Ontario Reports February 26, 2021 Issue Highlights Duggan v. Durham Region Non-Profit Housing Corp., 2020 ONCA 788
  • The Admissibility of Expert Accident Reconstruction – Shanti Barclay and Evan Argentino
  • Zarek Taylor Grossman Hanrahan – Response to the Attorney General’s Request for Submissions on Civil Jury Trials
  • CDL Hearsay – The Appropriate Corporate Representative on Discovery: It is always better to check, lest, of course, you risk a wreck
  • Cannabis Cheat Sheet
  • I Won! Making Sense of a Jury Verdict in the Changing World of Personal Injury Law, WP Magazine February 2018
  • No Justification Needed For Accident Benefits Examinations. Eric Grossman interviewed in Law Times News
  • Canadian Underwriter: Single Recovery
  • Court Says Parked Motorcycle Meets Test. Eric Grossman interviewed in The Laywer’s Weekly
  • Insurance Defence Boutiques Have Flexibility in Approach – Eric Grossman interviewed in fhe Law Times
  • The Changing Accident Benefits Regime: Ontario Regulation 251/15
  • No Duty to Defend: Precision Plating vs. Axa, Intact and Schill
  • One-on-One with Eric Grossman in Practical Law Canada The Magazine, Spring 2015
  • The Sleeper – Negligent Entrustment as an Additional Source of Liability
  • To Bring or Not to Bring: Summary Judgment Motions in the Personal Injury Context Post – Hryniak
  • The Top Five Accident Benefits Decisions of 2014
  • The Impact of Bill 15 and Why Everyone Should Be Worried
  • Understanding Non-Earner Benefits
  • The Top Five(ish) Accident Benefits Decisions of 2013
  • Arbitration – The Hearing & Post-Hearing Matters
  • The Top Five Accident Benefits Decisions of 2011
  • Arbitrations: An Insurer’s Perspective
  • Rewarding Trepass and Other Enigmas – The Strange World of Self-Exclusion and Casino Liability
  • Top Ten Accident Benefits Cases 2008-2009
  • Commentary on ACE INA Insurance Company v. the Co-Operators
  • Personal Injury Settlements: Resolution Oriented Case Management, Mediation and Arbitration
  • Types of Motions
  • The Impact of Monks v. ING
  • Accident Benefits and the WSIB-Covered Claimant
  • Accident Benefits: Lessons From The Past With The Hope For A Better Insurance Product In The Future
  • Commentary on Arts v. State Farm Mutual Automobile Insurance Company (2008) O.J. No. 2096
  • When an Accident is Really an Accident, an Update on the “Use and Operation” of an Automobile
  • “Fair, Large and Liberal”, Where CAT Is At
  • McIntyre v. Grigg — A Case Comment: Punitive Damages and More
  • Videotaping Defence Medicals
  • An Insurer’s Approach to Defending Punitive Damages
  • Tricks of the Trade 2007: Practical Strategies for Winning Auto Cases
  • Social Host Liability
  • The Role of Medical Evidence in Determining Whether a Brain Injuryis “Catastrophic”
  • Childs v. Desormeaux — Social Host Liability or Just Another Case?
  • Ontario Court of Appeal Broadens Scope of Governmental Liability
  • Is it Now Open Hunting Season on Insurance Adjusters?
  • Bill 59 — Eighteen Months Later
  • A Practitioner’s Perspective on Slip and Fall Cases
  • Case Annotation: R. v. Kansa General Insurance Company
  • Category: Special Investigations
  • Category: Coverage
  • Category: Appellate
  • Category: General Liability
  • Category: Pollution
  • Category: Property
  • Category: Workplace Safety Insurance and Appeals
  • Category: Catastrophic Loss
  • Category: Licence Appeal Tribunal
  • Category: Tort MVA
  • Category: Professional Negligence
  • Category: Property Damage
  • Category: Examination Under Oath
  • Category: Cannabis
  • Category: Simplified Procedure
  • Category: Sharing Economy
• Category: Events
  • Eric Grossman is presenting at the LSO Motor Vehicle Litigation Summit – September 22 and 23, 2026
  • Rebecca Brown Greer and Eric Grossman are speaking at the CDL’s Priority and Loss Transfer Program on May 12, 2026
  • Shannon Wood is speaking at the OBA program on Collateral Benefits, April 14th, 2026
  • Sonya Katrycz, Shanti Barclay, and Suzanne Clarke are presenting at Clinic to Courtroom: Reproductive Technologies and Risk, April 22nd, 2026
  • Suzanne Clarke is presenting on key AB decisions at the CDL – OTLA Joint Conference, February 26, 2026
  • Suzanne Clarke is presenting at the OTLA: Mediations – Trauma Informed Webinar Series on November 27, 2025
  • Rebecca Brown Greer is presenting at the CDL: Defending AB Claims – A Crash Course on May 15, 2025
  • Eric Grossman is speaking at the MLST’s Annual Best Practices in Handling Cat Claims webinar – February 12th at 9a
  • David Zarek is speaking at the OBA Insurance Coverage Summit, February 6, 2025
  • Eric Grossman is speaking at the CDL Accident Benefits Fall Classic on November 20, 2024
  • Sonya Katrycz is speaking at the CDL Women’s Caucus Retreat, November 1st – 3rd
  • Eric Grossman is speaking at the Law Society of Ontario Motor Vehicle Litigation Summit on September 19, 2024
  • Shanti Barclay is speaking at the CBA Anatomy of a Trial program June 13 and 14, 2024
  • Rebecca Brown Greer is Co-Chairing the CDL AB Crash Course Webinar – May 9th, 2024
  • Eric Grossman is speaking at the Medico-Legal Society’s Annual Catastrophic Loss Program on February 13th
  • Rebecca Brown Greer is speaking at the CDL Costs Program on February 9th
  • Jonathan Schrieder is speaking at the CDL Accident Benefits Fall Classic on Fighting Fraud
  • The New LAT Rules: A Free 1-Hour Webinar, September 28th at 12p
  • Jennifer Griffiths and Rebecca Brown Greer are speaking at the CDL: Defending AB Claims Crash Course – June 9th
  • Shanti Barclay is speaking at the OBA: Anatomy of a Trial Fundamentals Revisited – June 15 & 16
  • Suzanne Clarke is Chairing the Black Cultural Competency Webinar for Insurance Defence Lawyers
  • Suzanne Clarke will be Speaking at the MLST Annual CAT Program
  • Rebecca Brown Greer will be speaking at the SABS Summit: Key Updates on Accident Benefits
  • Meredith Harper will be a panelist at this year’s Motor Vehicle Litigation Summit
  • Jennifer Griffiths will be presenting at the 5th Motor Vehicle Litigation Summit
  • Shanti Barclay is presenting at the OBA Anatomy of a Trial on the Cross-Examination of a Defendant Driver
  • Dakota Forster is speaking at the OBA Covid-19 and the Older Population Remedies Update
  • Shanti Barclay is presenting at the OBA program Prosecuting and Defending Covid Related Insurance Claims
  • Rebecca Brown Greer is speaking at the 22nd Annual Travel Health Insurance Association Cancun
  • Suzanne Clarke is speaking at the OTLA webinar, Too Many IEs
  • Eric Grossman is speaking at the Osgoode Certificate in Motor Vehicle Accident Law and Practice
  • Eric Grossman is speaking at the Medico-Legal Society Catastrophic Loss Update
  • Nathalie Rosenthall is speaking at the Osgoode PD program – Accident Benefits: What is New, What is Important
  • Eric Grossman is speaking at the Canadian Defence Lawyers AB Fall Classic: November 18, 2021
  • Shanti Barclay is speaking at the Medico-Legal Society of Toronto’s Long Term Care and Bill 218 Program
  • Suzanne Clarke is speaking at the MLST program: Learn How to Untie the Gordian Knot of Expert Witness Handling at the LAT
  • Shanti Barclay is presenting at Osgoode PD Personal Injury Law and Practice Update on Long Term Care, Covid-19 and Bill 218
  • Shanti Barclay is moderating the Medico Legal Society Program on Long Term Care
  • ZTGH’s 12th Annual Educational Seminar: Innovation and Resilience Litigating Claims Through Covid-19
  • Michael Taylor is presenting at the OBA Anatomy of a Trial
  • Jennifer Griffiths is speaking at BDO’s Annual Accident Benefits Conference Toronto
  • Jennifer Griffiths is presenting at the Advocates’ Society Licence Appeal Tribunal Advocacy Seminar
  • Jennifer Griffiths is presenting on Loss Transfer and Priority Issues in the OBA Key Update on Accident Benefits
  • ZTGH 11th Annual Educational Seminar: There is no “I” in ZTGH
  • Shanti Barclay is presenting at the OBA: Anatomy of a Trial
  • Brian Yung is speaking at the CDL Law Clerks 2019 Program on Docketing and Time Management
  • Tripta Sood is speaking at the Osgoode Accident Benefits 2019 Program
  • Nathalie Rosenthall is speaking at the CDL Loss Transfer/Priority Disputes program
  • Jennifer Griffiths is speaking at the Medico-Legal Society’s 9th Annual Catastrophic Impairment Program
  • Shanti Barclay and Shannon Wood are speaking on Cannabis Coverage Issues at the CDL Coverage Symposium
  • 10th Annual Educational Seminar at the King Edward Hotel
  • Jennifer Griffiths is Presenting at the BDO Canada Accident Benefits Conference in Ottawa
  • Eric Grossman and Michael Taylor are presenting at the OBA Anatomy of a Trial Program seminar
  • Jennifer Griffiths is presenting at the BDO 22nd Annual Accident Benefits Conference on “The Perfect Accident Benefits File”
  • Jennifer Griffiths is presenting at the Advocates’ Society Licence Appeal Tribunal (LAT) Advocacy Program
  • Nathalie Rosenthall is speaking at the Osgoode Accident Benefits 2018: What’s Current, What’s Important Seminar
  • Heather Kawaguchi is presenting at the Motor Vehicle Litigation Summit 2018
  • Eric Grossman speaking at Medico-Legal Society of Toronto’s Don’t Be CAT-atonic Seminar
  • Eric Grossman Presenting the the 13th Annual National Forum on Administrative Law and Practice
  • Tanya Zigomanis is Presenting at the OBA Program on the Intersection Between Insurance Law and Workers’ Compensation Law
  • Nathalie Rosenthall speaking at the OIAA Claims Conference
  • Nathalie Rosenthall is Presenting at the OIAA Claims Conference on Loss Transfer and Priority Issues
  • Timothea Leung, Marni Miller, and Meredith Harper are presenting at the CDL: Preparing for your first arbitration or trial
  • Eric Grossman Presenting at the OTLA Fall Conference: Battle Tactics for Trial Lawyers
  • Thriving in Changing Times: ZTGH’s 9th Annual Seminar
  • Eric Grossman is presenting at the OTLA Spring Conference on New CAT definitions – What has been working?
  • Eric Grossman and Marni Miller is presenting at the CDL Accident Benefits Spring Symposium
  • William Sproull is presenting at the Ontario Bar Association: “Update on the New AB Changes (Since April 1st and June 1st, 2016)
  • Eric Grossman speaking about the new CAT definition at Osgoode: Accident Benefits 2017, What is new? What is important?
  • Eric Grossman is presenting at CAT-apult Yourself into the New World of CAT and LAT
  • Eric Grossman presenting at the TAS, Tricks of the Trade on SABS and LAT: One year later
  • Eric Grossman is a guest panelist at Flaherty McCarthy and inHealth’s seminar: Resort to LAT or Last Resort?
  • Eric Grossman and Heather Kawaguchi presenting at the 2016 CDL Accident Benefits Fall Classic
  • Tripta Sood is presenting at LSUC’s Plaintiff’s Personal Injury Law Practice Basics 2016
  • Eric Grossman is speaking at The New AB Alphabet Soup: The Ins and Outs of the New Accident Benefits Dispute Resolution Regime
  • Eric Grossman is presenting at Practical Law’s Top 5 Things You Need To Know About The New AABS
  • ZTGH’s 8th Annual Client Seminar
  • Thomas Hughes is speaking at the Accident Benefits Symposium, April 28 2016
  • Oatley McLeish Guide to Motor Vehicle Litigation
  • Without Prejudice – Young Lawyer Dinner Series.
  • Canadian Defence Lawyers Event – Loss Transfer and Priority Disputes.
  • Accident Benefits 2016, Osgoode Professional Development
  • Smitiuch Injury Law, Tripta Sood – Expert Panel Member, Annual Accident Benefits Seminar “Practical Issues for Health Care Professionals”
  • Category: Seminar
  • Category: Accident Benefits
  • Category: Licence Appeal Tribunal
    • Virtual Webinar: Emerging Issues at the LAT with Peter Durant, Rebecca Brown Greer, Ashley Shmukler, and Lauren Kolarek
  • Category: Catastrophic Loss
  • Category: Covid-19
• Category: Newsletters
  • LAT Updates Newsletter June 2024
  • The LAT is so Appealing: April 2024 Newsletter
  • Health Law Podcast and News on Jury Trials March 2024
  • What is an Accident? February 2024 Newsletter
  • Happy New Year, 2024
  • Holiday NewsLATter, December 2023
  • Hallowe’en 2023: NewsLATter
  • The Updated LAT Rules: Category 1 and 2
  • August 2023: NewsLATter – The New LAT Rules
  • June 2023: NewsLATter
  • April 2023: NewsLATter
  • February 2023: NewsLATter
  • Happy New Year 2023
  • December 2022: NewsLATter
  • October 2022: NewsLATter
  • June 2022: Loss Transfer and Priority News
  • NewsLATter: March 2022
  • Happy New Year, 2022
  • June 2021: EUO News
  • Happy New Year, 2021
  • May 2020: EUO Newsletter
  • Happy New Year 2020
  • Happy New Year 2019
  • Happy New Year 2018
  • Happy New Year 2017
• Category: Estate Litigation Resources
  • Guardianship Disputes
  • Trust Disputes
  • Elder Abuse
  • Estate Compensation Disputes
  • Insurance Proceeds Disputes
  • Defence of an Estate Trustee
  • Disputes Between Siblings Over Family Property
  • Disputes Between Beneficiaries
  • Power of Attorney Disputes
  • Contested Wills
  • Podcast: Steps to Contesting a Will
  • Dependency Claims
  • Disputes Arising From Gifts
  • Disputes Between Beneficiaries and Estate Trustees
  • Mental Incompetency Issues
  • Category: Estate litigation
    • It´s All Too Much: Graham v. Graham
  • Category: Estates
    • Progress Made Towards Changes To Estates Law In Ontario
    • NS Supreme Court Confirms Exclusion of Common Law Spouses in Intestacy
    • “Death-bed will” not an automatic rebuttal of testamentary capacity – Krolewski v Moniz
• Category: Company news
  • Consumer Protection during Priority Disputes between Insurers
  • Court of Appeal Finds Dog Walker “Owner”
  • David Zarek and Shanti Barclay are presenting at the OBA Anatomy of a Trial May 28 and 29, 2026
  • Reasonable Apprehension of Bias before the LAT: Real or Apparent?
  • Suzanne Clarke is co-presenting the Top AB Cases of the Year at the Osgoode Accident Benefits program, February 26, 2026
  • Rebecca Brown Greer is presenting at the CDL: Accident Benefits Fall Classic on the New SABs rules, November 26, 2025
  • Court Orders Insurer to Cover $3.2 Million Settlement for Ontario Land Surveyor
  • LAT Adjudicator Concludes Applicant Unable to Add Issues in Dispute Too Close to the Hearing Date

Lists

• MPT Mediation Preferred
• New Subscribers
• Clients - Main
• Client Seminar 2021
• Client Attendees as of April 18th
• LAT practice group
• Client seminar attendees 2021
• Stan
• invite opened no rsvp
• Coverage/Tort
• MPT mediation 2020
• Party Thank you
• Seminar 2017
• Lt/priority registrants
• partners
• Property and Subro
• Newslatter
• MPT Mediation Potential
• loss transfer September 28 attendees note
• Estate litigation
• ZTGH Community
• General Inquiry
• Friends of the Firm
• Loss Transfer and Priority
• lt/p webinar (previous registrants)
• mptadditional
• Anniversary Party Invite
• EUO Partners
• LAT Follow up #1

Our team

• MAIA ABBAS
• EVAN A. ARGENTINO
• ARIAN ARIA
• YALDA AZIZ
• SHANTI BARCLAY
• REBECCA BROWN GREER
• STAN BYRNE
• JONATHAN R. CHARLAND
• SUZANNE CLARKE
• ISABEL COX
• ALEXANDER DOS REIS
• PETER A. B. DURANT
• KARINA DZIUBA
• LAWRENCE ELKHINOVICH
• SELINA FERENAC
• JENNIFER J. GRIFFITHS
• ERIC K. GROSSMAN
• THOMAS J. HANRAHAN
• JORDAN HOCHMAN
• ADAM IMTIAZ
• PAUL IRISH
• RACHEL JADD
• SONYA M. KATRYCZ
• LAUREN C. KOLAREK
• KARI-ANNE LAYNG
• MARTIN LIDUMS
• ANDREW C. MCKAGUE
• DANIELLE O'NEILL
• MATTHEW C. OWEN
• ADEL PIPPO
• ELISA PREZZANO
• ALEX REYES
• ANDREW RODRIGUES
• NATHALIE V. ROSENTHALL
• JONATHAN B. SCHRIEDER
• TIZIANA SERPA
• CARLY SHUSTER
• DUHA SIKANDER
• WILLIAM SPROULL
• MICHAEL P. TAYLOR
• JODIE THERRIEN
• GERRY THOMAS
• PURVA VAIDYA
• NOAH WAISGLASS
• SIMRAN WALIA
• JONATHAN B. WHITE
• BRANSON WONG
• SHANNON R. WOOD
• GRACE XU
• BRIAN M. YUNG
• HOOMAN E. ZADEGAN
• DAVID ZAREK
• TANYA ZIGOMANIS

Services

• Construction Law
• Professional and Financial Lines
• Municipal Liability
• Privacy & Cybersecurity
• Michael P. Taylor Mediation
• Workplace Safety Insurance and Appeals
• Pollution
• Property
• Cannabis
• Estate Litigation
• Insurance Umpire
• Catastrophic Loss
• Loss Transfer And Priority Disputes
• Sharing Economy
• Licence Appeal Tribunal (LAT)
• Health Law
• Class Action
• Examination Under Oath (EUO)
• Subrogation
• General Liability
• Coverage
• Product Liability
• Special Investigations
• Appellate

Podcasts

• Podcast #17: Articling Recruitment Unpacked: Resumes, Interviews & What Actually Works
• Podcast #16: LAT Webinar: Proposed Amendments to the SABS, with Peter Durant and Rebecca Brown Greer
• Podcast #15: LAT Webinar: More than Appealing the Impact of Yatar on the LAT, with Peter Durant, Rebecca Brown Greer, and Tiziana Serpa
• Podcast #14: LAT Webinar: What is an Accident? with Peter Durant, Rebecca Brown Greer, and Paul Irish
• ZTGH x McKellar Structured Settlements
• Podcast #13: LAT Webinar: The New LAT Rules with Peter Durant, Rebecca Brown Greer, Suzanne Clarke, and Jonathan White
• Podcast #12: LAT Webinar: Spring into the LAT with Peter Durant, Rebecca Brown Greer, and Jessica Telfer
• Podcast #11: Health Law Update with Jodie Therrien and Laila Khalil
• Podcast #10: LAT Webinar: Emerging Issues at the LAT
• Podcast #9: 25th Anniversary Q&A with David Zarek, Michael Taylor and Eric Grossman
• Podcast #8: Speculating on SPECT Scans with Jonathan B. White and Rebecca Brown Greer
• Podcast #7: Hybrid Work and Mentorship in the Legal Profession with Nathan Fabiano & Evan Argentino
• Podcast #6: Estate Litigation: Contesting a Will with Jonathan Schrieder and Timothea Leung
• Podcast #5: Post Trial Issues in Cobb v. Long and El-Khodr v. Lackie with Shanti Barclay and Danielle Malone
• Podcast #4: LAT on CAT: How the LAT is Interpreting Catastrophic Impairment with Sharla Bandoquillo and Danielle Malone
• Podcast #3: License Appeal Tribunal Strategies with Peter Durant and Jeremy Shaw
• Podcast #2: Basandra v. Sforza with Matthew Owen and Jeremy Shaw
• Podcast #1: WSIB claims: What to look for, what you need to know with Tanya Zigomanis and Danielle Malone

Opportunities

• INTERMEDIATE INSURANCE DEFENCE LAWYER YOC: 2016 - 2021
• LEGAL ASSISTANT - INSURANCE DEFENCE (JUNIOR/INTERMEDIATE)