December 16, 2013

For the week of December 16 to December 20, 2013 State Farm Insurance Companies v. Bunyan, [2013] CanLII 6670,  November 5, 2013 MVC:  September 21, 2007.   In September 2007 the Insured, a pedestrian, was struck by a truck on a highway in Alberta. He claimed statutory accidents benefits (SABS) from State Farm, his mother’s insurer, […]

December 2, 2013

For the week of December 2 to December 6, 2013  Wadhwani v. State Farm Mutual Automobile Insurance Company, 2013 ONCA 662 (CanLII), November 1, 2013 MVC: September 26, 1997. Due to the limited facts provided by the Court of Appeal, the facts of this case were obtained from the decision on summary judgment motion by […]

November 26, 2013

For the week of November 26 to November 29, 2013  Dominion of Canada General Insurance Co. v. Chambers, [2013] O.J. No. 4802 (S.C.J.) The Applicant, Dominion of Canada General Insurance Co. (“Dominion”) sought a determination of whether the respondent insured, Teresa Chambers was permitted to apply once for a finding of catastrophic impairment relying upon […]

November 11, 2013

For the week of November 11 to November 15, 2013 Gyorffy v. Drury, 2013 ONSC 1929 (Div. Ct.) The plaintiff, Bella Gyorffy was injured in a motor vehicle collision.  The defendants brought a “threshold” motion before Justice Lemon at trial.  While his Honour found that Mr. Gyorffy was a credible witness who had in fact met the […]

October 21, 2013

For the week of October 21 to October 25, 2013 Guarantee Company of North America v. Dong Do, Appeal P12-00037, October 11, 2013, Delegate Lawrence Blackman MVC: October 9, 2005. In December 2006, the Insured applied to his Insurer for a determination that as a result of his accident, he had sustained a catastrophic impairment […]

October 14, 2013

For the week of October 14 to October 18, 2013 Phillipaiya  v TD  Home and Auto Insurance Company, FSCO A12-001040, Decision on an Arbitration Motion The Applicant, Jemeamlouis Phillipaiya was injured in a motor vehicle collision on October 14, 2008. He received income replacement benefits (“IRBs”) from his insurer, TD Home and Auto Insurance Company […]

September 30, 2013

 Accident Benefits Update For the week of September 30 to October 4 Henry v. Gore Mutual Insurance Co., 2013 ONCA 480; Simmons, Hoy and Strathy JJ.A On July 16, 2013, the Ontario Court of Appeal maintained that economic loss within the Statutory Accident Benefits Schedule (“SABS”) is a threshold issue and, as a result, attendant care benefits are […]

September 23, 2013

 ACCIDENT BENEFITS UPDATE For the week of September 23 to September 27 ING Insurance Company of Canada v. Co-Operators Insurance Company, 2013 ONSC 4885 (CanLII) MVC: May 28, 2008. Jason Orr sustained injuries in a collision. The issue in dispute was whether Jason was entitled to accident benefits through Amy Gordon’s policy of insurance under […]

September 16, 2013

 ACCIDENT BENEFITS UPDATE For the week of September 16 to September 20, 2013 Shmuel and Perth – Decision Date: 2013-08-12, Adjudicator: Edward Lee, Regulation: 403/96, Decision: Arbitration, Final Decision, FSCO 4022. Channoch Shmuel, (the “Insured”) was injured in a motor vehicle accident on November 12, 2009.  He applied for statutory accident benefits from his insurance company, Perth […]

September 9, 2013

ACCIDENT BENEFITS UPDATE For the week of September 9 to September 13 Park v. Dominion of Canada General Insurance Company- Preliminary Issue Arbitration; FSCO A12-000712 The applicant, Mr. Park was injured in a motor vehicle accident on August 7, 2008. He applied for and received a variety of statutory accident benefits from his insurer, the respondent […]

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