July 15, 2016

Galloway v Echelon General Insurance, FSCO A13-006130 Dan Hynes Personal Injury Lawyer   Background The applicant, Mrs. Galloway and her common law husband were passionate motorcycle enthusiasts. They live in a small town outside of Ottawa, and during winter months would stay at their second home in Arizona, where they could focus on riding. On March […]

July 8, 2016

Lauesen v. Silverman, 2016 ONCA 327, Feldman, Lauwers and Benotto JJ.A.   Daniel Macdonald Personal Injury Lawyer   Donald Rumsfeld, the former US Secretary of State, stated in a 2002 Defence Department briefing: There are known knowns; there are things that we know that we know.  We also know there are known unknowns; that is […]

May 16, 2016

Basandra v. Sforza, [2016] O.J. No. 1749, Ontario Court of Appeal   Laura Camarra  Personal Injury Lawyer   In a 2008 collision, the jury awarded: $55,000 in damages for cost of “past care, medical/rehabilitation and housekeeping”; $50,000 in damages for the cost of “future care, medical/rehabilitation and housekeeping”. The plaintiff received the following from his accident […]

April 28, 2016

Nader v. State Farm Mutual Insurance Company, [FSCO A13-003230] before Arbitrator Bujold   Sue Noorloos Personal Injury Lawyer   [MVC: May 2010]. The applicant, Nader, was T-boned and his vehicle was written off. At issue in the mediation was the payment of IRB’s, attendant care, housekeeping and interest. This summary will deal with the pre-104 […]

April 22, 2016

T.C. v. Personal Insurance Company of Canada, (FSCO A13-009880), Arbitrator Fadel   Daniel Macdonald Personal Injury Lawyer   The issue in this case is whether attendant care benefits given to the applicant by her injured son constituted post-accident income, and thus could be deducted from income replacement benefits the applicant was receiving. The applicant, T.C., suffered psychological […]

March 4, 2016

Falcon v State Farm Mutual Automobile Insurance Company, FSCO A14-000269, Arbitrator Anne Morris   Kasia Kosacka Personal Injury Lawyer   MVC May 11, 2008. The issue was whether or not the applicant’s claim for income replacement benefits (“IRBs”) was statute barred pursuant to s. 281.1 of the Insurance Act, and s.51 of the Schedule. The […]

February 25, 2016

Bonaccorso v. Optimum Insurance Company,  [2016] O.N.C.A. 34   Sue Noorloos Personal Injury Lawyer   Bonaccorso, the Plaintiff, made a claim for income replacement benefits (IRB’s) which was dismissed on a summary judgment motion. She unsuccessfully appealed the decision to the Court of Appeal. Background The Plaintiff received IRB’s after a collision then returned to […]

February 4, 2016

Roberts v Intact Insurance Company, (FSCO A14-002957), Arbitrator Musson   Daniel Macdonald Personal Injury Lawyer   Malaya Roberts was catastrophically injured when she jumped from the tailgate of a pick-up truck into a shallow lake. This misadventure left her a quadriplegic. She sought accident benefits from the truck owner’s insurer, Intact Insurance Company (“Intact”), who […]

January 26, 2016

Quadri v Aviva Canada Inc., FSCO A13-000527, Arbitrator Charles Matheson   Kasia Kosacka Personal Injury Lawyer   MVC November 16, 2010. Aviva Canada Inc. (“Aviva”) terminated Ms. Quadri’s Income Replacement Benefits (“IRBs”) on August 5, 2011. The issues in dispute at the Preliminary Issue Hearing were whether Ms. Quadri could add IRBs to her Application […]

January 12, 2016

  Laura Camarra Personal Injury Lawyer   An Ontario resident (Forsythe) was in a car crash in BC. The other driver (Westfall) was from Alberta. Where is the appropriate place to sue? The Ontario resident wanted to sue in Ontario, citing the fact her contract of car insurance was entered into in Ontario and the […]

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