ZTGH Community Newsletter vol. 5

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

The New LAT Rules: A Free 1-Hour Webinar, September 28th at 12p

The New LAT Rules: Effective August 21st, 2023

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

OBA: Anatomy of a Trial – Examination of Police Accident Reconstructionist and Expert Engineer

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

Challenging Testamentary Capacity

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

LAT Adjudicator Concludes Applicant Unable to Add Issues in Dispute Too Close to the Hearing Date

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

Suzanne Clarke is Chairing the Black Cultural Competency Webinar for Insurance Defence Lawyers

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

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

Virtual Webinar: Emerging Issues at the LAT with Peter Durant, Rebecca Brown Greer, Ashley Shmukler, and Lauren Kolarek

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

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

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

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

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?

Shanti Barclay is presenting at the OBA Anatomy of a Trial on the Cross-Examination of a Defendant Driver

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

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

Reducing Amount of Claim to Fall within Monetary Jurisdiction of Simplified Rules Does not Oust Substantive Right to a Jury Trial

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

Optional Benefits and the Implications on Priority Rules: Continental Casualty Company v. Chubb Insurance Company of Canada (2022 ONCA 188)

Eric Grossman is speaking at the Osgoode Certificate in Motor Vehicle Accident Law and Practice

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.

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

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

Eric Grossman is speaking at the Canadian Defence Lawyers AB Fall Classic: November 18, 2021

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

Shanti Barclay is speaking at the Medico-Legal Society of Toronto’s Long Term Care and Bill 218 Program

Rheaume v. Foster, 2021 ONSC 5804: Court Imposes Discovery Plan in a Simplified Rules Action

Civil Procedure & Practice in Ontario: Rules of Civil Procedure Chapters, Pre-Trial Procedures, Rule 47 – Jury Notice – 2021

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

Suzanne Clarke is speaking at the MLST program: Learn How to Untie the Gordian Knot of Expert Witness Handling at the LAT

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

Shanti Barclay is presenting at Osgoode PD Personal Injury Law and Practice Update on Long Term Care, Covid-19 and Bill 218

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

Progress Made Towards Changes To Estates Law In Ontario

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

Ontario Reports February 26, 2021 Issue Highlights Duggan v. Durham Region Non-Profit Housing Corp., 2020 ONCA 788

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

Shanti Barclay is moderating the Medico Legal Society Program on Long Term Care

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

ZTGH’s 12th Annual Educational Seminar: Innovation and Resilience Litigating Claims Through Covid-19

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

The Admissibility of Expert Accident Reconstruction – Shanti Barclay and Evan Argentino

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

Zarek Taylor Grossman Hanrahan – Response to the Attorney General’s Request for Submissions on Civil Jury Trials

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

NS Supreme Court Confirms Exclusion of Common Law Spouses in Intestacy

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.

Michael Taylor is presenting at the OBA Anatomy of a Trial

To Smoke Weed, or to Not Smoke Weed, That is the Question… by Chantalle J. Youkhana

Jennifer Griffiths is speaking at BDO’s Annual Accident Benefits Conference Toronto

Clarification on the Reasonable Foreseeability of Injury or Harm Arising From the Theft of a Vehicle

Vacancy Exclusions

Jennifer Griffiths is presenting at the Advocates’ Society Licence Appeal Tribunal Advocacy Seminar

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

Jennifer Griffiths is presenting on Loss Transfer and Priority Issues in the OBA Key Update on Accident Benefits

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

CDL Hearsay – The Appropriate Corporate Representative on Discovery: It is always better to check, lest, of course, you risk a wreck

Discoverability and Threshold in a Summary Judgment Motion – Two Years From When?

“Death-bed will” not an automatic rebuttal of testamentary capacity – Krolewski v Moniz

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

It´s All Too Much: Graham v. Graham

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.

ZTGH 11th Annual Educational Seminar: There is no “I” in ZTGH

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

Appraisal Process Trumps Litigation as a Means of Resolving Insurance Related Property Valuation Issues by Josephine Comegna

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

Shanti Barclay is presenting at the OBA: Anatomy of a Trial

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

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

After The Event Insurance: Who Gets The Proceeds? Peter B. Cozzi Professional Corporation v. Szot, 2019 ONSC 1274 by Leah Dick

Nathalie Rosenthall is speaking at the CDL Loss Transfer/Priority Disputes program

CAT IEs: How Many is Too Many?

Jennifer Griffiths is speaking at the Medico-Legal Society’s 9th Annual Catastrophic Impairment Program

But For Misstating the Test – “But For” is the Causation Test for Accident Benefits: Sabadash v State Farm

Shanti Barclay and Shannon Wood are speaking on Cannabis Coverage Issues at the CDL Coverage Symposium

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

10th Annual Educational Seminar at the King Edward Hotel

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

Cannabis Cheat Sheet

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

Jennifer Griffiths is Presenting at the BDO Canada Accident Benefits Conference in Ottawa

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

Eric Grossman and Michael Taylor are presenting at the OBA Anatomy of a Trial Program seminar

Trust Disputes

Guardianship Disputes

Elder Abuse

Jennifer Griffiths is presenting at the BDO 22nd Annual Accident Benefits Conference on “The Perfect Accident Benefits File”

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

Jennifer Griffiths is presenting at the Advocates’ Society Licence Appeal Tribunal (LAT) Advocacy Program

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

Estate Compensation Disputes

Stand Alone Bad Faith Claim Not Actionable in the Courts – Licence Appeal Tribunal Has Sole Jurisdiction By: Nora Refai

Insurance Proceeds Disputes

Have No Fear: Limitation Period Defences Do Still Exist At The LAT

Nathalie Rosenthall is speaking at the Osgoode Accident Benefits 2018: What’s Current, What’s Important Seminar

Lessons From the Court of Appeal: A Driver’s Standard of Care During a Drug Deal And Summary Judgment With A Limited Evidentiary Record

Defence of an Estate Trustee

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

ZTGH Community Newsletter vol. 6

Disputes Between Siblings Over Family Property

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

Court Of Appeal Applies Reasonableness Standard Of Review To Arbitral Decisions Resolving Priority Disputes Between Insurers

Disputes Between Beneficiaries

Eric Grossman Presenting the the 13th Annual National Forum on Administrative Law and Practice

Power of Attorney Disputes

Tanya Zigomanis is Presenting at the OBA Program on the Intersection Between Insurance Law and Workers’ Compensation Law

Live By The Sword And Get Skewered On Costs When You Lose by Alex Woo

Contested Wills

Podcast: Steps to Contesting a Will

I Won! Making Sense of a Jury Verdict in the Changing World of Personal Injury Law, WP Magazine February 2018

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

Nathalie Rosenthall speaking at the OIAA Claims Conference

Nathalie Rosenthall is Presenting at the OIAA Claims Conference on Loss Transfer and Priority Issues

Last Minute Surveillance Prior To Trial Can Lead To Mistrial and Lots of Costs

Dependency Claims

Disputes Arising From Gifts

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

Disputes Between Beneficiaries and Estate Trustees

Mental Incompetency Issues

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?

Timothea Leung, Marni Miller, and Meredith Harper are presenting at the CDL: Preparing for your first arbitration or trial

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

Eric Grossman Presenting at the OTLA Fall Conference: Battle Tactics for Trial Lawyers

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

ZTGH Community Newsletter vol. 5

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

ZTGH Community Newsletter vol. 4

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

ZTGH Community Newsletter vol. 3