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 […]

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 20, 2015

Brent Hodge Personal Injury Lawyer   Under the Statutory Accident Benefits Schedule, attendant care benefits are only payable to family members and other persons providing non-professional care if they  incur an economic loss. The term “economic loss” is not defined by the Regulation.  The leading authority on interpretation of the Regulation is Henry v. Gore, 2013 […]

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 […]

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