The Licence Appeal Tribunal (LAT), and its prejudicial impact on the health and well-being of motor vehicle injury victims across Ontario, is now firmly entrenched.
Read More about The Licence Appeal Tribunal and Its Impact on Vehicle Injury Victims
When you apply for accident benefits coverage after a car accident, you are required to elect one of: Income Replacement Benefits (IRB), Caregiver Benefits, or Non-Earner Benefits (NEB). Of the three, NEBs have the most challenging criteria to meet. NEBs only kick in after six months AND have the highest threshold: the claimant must sustain an impairment as a result of an accident and suffer a complete inability to carry on a normal life as a result of and within 104 weeks after the accident and does not qualify for an income replacement benefit.
Read More about Lat Applies Heath Test- Orders Non-earner Benefits (Neb) For Chronic Pain
The case called F. V. v Wawanesa Mutual Insurance Company decided by the Licence Appeal Tribunal (LAT) on January 30, 2017 answers the question on whether or not family holiday expenses can be classified as payable rehabilitation benefit under section 16 of the Statutory Accident Benefits Schedule (SABS).
Read More about Does Family Holiday Fall Within the Scope of Rehabilitation Expenses?
On September 27, 2012, the Ontario Court of Appeal released its landmark decision in Pastore v Aviva. Mrs. Pastore was successfully represented by Joseph Campisi, the founding partner of Campisi Law. It was a long and challenging fight over several years and multiple appeals. The stakes were very high for the insurance industry, and Aviva did not want to lose.
Read More about Campisi Success Story – Automobile Insurance Claim
If you have been injured in an accident or through an intentional act or negligence of the state, employee or another person, you may ask for damages or monetary awards.
Read More about How to Calculate Damages in a Personal Injury Case
Recently, the Financial Services Regulatory Authority of Ontario (FSRA) published its 2021 Automobile Insurance Indexation Amounts Guidance. This Guidance, effective January 1, 2021, establishes the amounts related to insurance claims that are subject to indexation for 2021. Indexation is tied to the Canadian Consumer Price Index (CPI) and varies year to year.
Read More about 2021 Threshold and Deductible Amounts Released
The issue of whether Ontario casinos can be found liable for profiting from losses of problem gamblers is undecided at law. This finding would require the Anns/Kamloops test to be met, such that the circumstances disclose reasonably foreseeable harm and sufficient proximity between the problem gambler and the casino, without the presence of residual policy reasons for negating a duty of care. In 2016, the Court of Appeal for Ontario overturned a summary judgement decision which struck a claim on grounds that the provincial regulator did not owe a duty of care to problem gamblers. Discussed below, the decision has had wide implications and may lead to a novel duty of care in this province.
In A.M. v the Dominion of Canada General Insurance Company, 2019 CanLII58194 (ON LAT), a dispute arose over the A.M, the applicant’s Income Replacement Benefits (IRBs). He was injured on December 21, 2017 when his vehicle was rear-ended. He applied for “no-fault” accident benefits including IRBs under the Statutory Accident Benefits Schedule (SABS) from his auto insurer, Dominion.
In Applicant v. Aviva Insurance Canada (2018 CanLII 110921), a recent Licence Appeal Tribunal (LAT) decision, the applicant was struck by another car while making a left hand turn on June 30, 2016. Within two days of the accident, he reported back and left leg pain and began receiving physiotherapy. His employer provided accommodation for his injuries that allowed him to continue working. He received accident benefits coverage from his insurer, Aviva subject to the $3500 cap under the Minor Injury Guideline (MIG). Subsequent treatment plans for physiotherapy, chiropractic and massage were denied and the applicant commenced a LAT proceeding to challenge the MIG designation and seek payment of the disputed plans.
Read More about ACCIDENT BENEFITS UPDATE: INSURER CAN’T RELY ON PRIOR MIG REPORT
