December 11, 2015

Li and Deng v. State Farm, (FSCO A113-002953 & A13-002954) Arbitrator Schnapp.   Sue Noorloos Personal Injury Lawyer   The issue at the hearing was whether the Applicants were precluded from mediating pursuant to section 55.2 of the Schedule for refusing to undergo Insurer Examinations (IE) under section 44 of the Schedule. State Farm argued the […]

December 4, 2015

Daniel Macdonald Personal Injury Lawyer   This year has already seen a number of amendments made to the Statutory Accident Benefits Schedule. It now appears that even more changes are on the horizon. This summer the Financial Services Commission distributed for consultation new draft guidelines called the Common Traffic Impairment (CTI) Guidelines[1]. The CTI Guidelines […]

November 13, 2015

Gilbert v. South, [2015] O.J. No. 5573, Ontario Court of Appeal     Laura Camarra  Personal Injury Lawyer   In a case with many issues, the two detailed below are of interest to those dealing with expert reports and treatment of accident benefits. The case was about a motor vehicle crash. Mr. Gilbert was injured in […]

September 22, 2015

Bustamante v. Guarantee Co. of North America, [2015] O.J. No. 3704.     Laura Camarra Personal Injury Lawyer   In a case relevant to policies that still permitted re-election of income-type benefits, Bustamante, the insured appealed the motion granting summary judgment to the insurer on the basis of an expired limitation period. The insured suffered injuries […]

September 10, 2015

Murillo v State Farm Mutual Automobile Insurance Company, FSCO A14-006098, Arbitrator Charles D. Matheson    Kasia Kosacka Personal Injury Lawyer   MVC August 29, 2010. The Applicant, Ms. Murillo, applied for and received statutory accident benefits from State Farm Mutual Automobile Insurance Company (“State Farm”). The benefit in dispute in this case was Ms. Murillo’s non-earner benefit, […]

August 27, 2015

Daniel Macdonald Personal Injury Lawyer   Earlier this year I had reported on changes to the Insurance Act the Government of Ontario promised to make as part of the 2015 budget. Some of those changes came into effect August 1, 2015 through amendments to the Insurance Act and associated regulations. Deductible and Thresholds The focus […]

August 14, 2015

El-Khodr v. Lackie, 2015 ONSC 4766     Brent Hodge Personal Injury Lawyer   In my update of May 19, 2015, Procedural Proshmedural: The Wrong Decision on Pre-Judgment Interest, I wrote on the Cirillo v. Rizzo decision. In that case, MacKenzie J. determined that pre-judgment interest was a procedural, rather than substantive, right such that […]

August 5, 2015

Shawnoo v. Certas Direct Insurance Company, 2014 ONSC7014, Justice Garson.   Laura Camarra Personal Injury Lawyer   MS suffered a catastrophic brain injury in a motor vehicle collision which occurred on December 12, 2010.  As a result of her injuries, MS developed issues with impulsivity and risk-taking, such that she required constant monitoring and supervision.  MS brought a Rule […]

June 18, 2015

Munroe v Gore Mutual Insurance Company, FSCO A14-000053, Arbitrator Stuart J. Mutch (Preliminary Issue)     MVC December 19, 2012. At the pre-hearing, Gore Mutual Insurance Company (“Gore”) raised a preliminary issue: Was Mr. Munroe employed within the meaning of the Schedule at the time of the accident? Gore took the position that Mr. Munroe […]

June 9, 2015

Luong v Allstate, FSCO 4484, Appeal P14-00015, Arbitrator David Evans, (Final Decision)     MVC 2010. Between the collision and 2012, Ms. Luong resided with her son and received $6000 monthly in attendant care. She was determined to be catastrophically impaired. She began residing in an OHIP-funded nursing home in 2012. Ms. Luong unsuccessfully submitted […]

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