Evidence Required to Dismiss a Non-Earner Benefits Claim In Willoughby v.Dominion of Canada General Insurance Co , 2014 ONSC 1136 (S.C.J.), the plaintiff sustained injuries in a motor vehicle accid...
The Definition of "Dependency" Under the SABS Does an adult child attempting to become self-supporting qualify as a "dependent" under the SABS? The answer may be "yes...
Attendant Care Benefits under SABS-2010 Can an insurer pro-rate attendant care benefits payable based on the hours of work lost by the attendant care provider? Tyrone Henry was l...
Failure to Submit Disability Certificate Disentitles Claimant to Accident Benefits A recent arbitration decision confirmed the importance of a disability certificate in accident benefits cases. In Anthonipillai v. Security ...
Definition of "Accident" Under the SABS How far can the definition of "accident" under the SABS be stretched? In Dominion of Canada v. Prest , 2013 ONSC 92 (S.C.J.) , the...
When Has FSCO Mediation Failed - Part 2 Last week, we blogged on the Court of Appeal`s decision in Hurst v. Aviva , which held that insureds may proceed to bring court actions or a...
When Has FSCO Mediation Failed - Part 1 We previously blogged on the decision in Cornie v. State Farm , in which Justice Sloan held that insureds may commence claims against their ...
Catastrophic Impairment: Aviva v. Pastore The Court of Appeal has released an important decision relating to catastrophic impairment: Aviva Canada Inc. v. Pastore , 2012 ONCA 642 (C....