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Beyond the MIG: Establishing a Pre-Existing Condition Under Section 18(2) of the SABS
July 22, 2026
Ms. Asieduaa was involved in a motor vehicle accident on February 6, 2022 and sought removal from the Minor Injury Guideline (“MIG”) on the basis of pre-existing lupus and chronic pain, pursuant to section 18(2) of the Statutory Accident Benefits Schedule (“SABS”). … -
A Snapshot Is Not a Workday: The LAT Awards IRBs Despite Surveillance Evidence
May 28, 2026
In Brewer v. Definity Insurance Company, the Licence Appeal Tribunal (LAT) awarded several denied Treatment Plans and pre-104 and post-104 income replacement benefits (IRBs) to the Applicant, a 60-year-old construction site supervisor... -
Insurance Policy Limits 101
December 18, 2024
For five years – I kid you not, five years! – I have carried around in my briefcase a methodical hand-written flowchart of “If X, then Y” instructions to identify what tort insurance policy limits are available to my client. My initial intention was to have a professional electronically… -
Tomec Applies to IRBs... Obviously!
December 18, 2024
In Tagoe v. The Personal Insurance Company, the Divisional Court overturned the decision of the Licence Appeal Tribunal (LAT) and held that the Court of Appeal for Ontario’s decision applies to the discoverability of income replacement benefits (IRBs)... -
The Absurdity of Accepting Absurdity in the SABS and How to Contest it
July 20, 2020
“The SABS was drafted with tremendous clarity and is without any unfair applications”, said nobody ever... -
Costs from an AB Claim Payable by a Tort Defendant
July 20, 2020
In Carr v. Modi, 2016 ONSC 7255, the Divisional Court upheld the decision of Justice Lederer from a motion to determine the applicable pre-judgment interest rate and the quantum of costs following a settlement between the parties on September 25, 2015... -
Should Automobile Insurance Payors be Excluded from Juries?
July 20, 2020
In Kapoor v. Kuzmanovski, 2017 ONSC 1709, an interesting question was raised by Plaintiff's counsel prior to a Trial that was set to commence in January 2017, which is now the subject of a motion: Should persons who pay for automobile insurance premiums be excluded as potential jurors? -
Bizarre “Accident” Victim to Receive Accident Benefits After Fall
July 20, 2020
In P.H. and Aviva Insurance Company of Canada (18-010206/AABS), the Licence Appeal Tribunal (LAT) decided in favour of the Applicant, who was injured when she fell through a gap in between her house and her backyard patio after... -
Using Accident Benefits to Access Medical Cannabis Treatment
March 15, 2019
If you have been injured in a motor vehicle accident, you may be entitled to up to $65,000 in medical benefits for up to five years if you have sustained injuries deemed by the insurer to fall outside the Minor Injury Guideline... -
Denial for Indemnification Triggers the Limitation Period
June 11, 2018
As supported by the Court's decision in Sukhu v. Bascombe, 2018 ONSC 2878, the limitation for pursuing unidentified motorist coverage does not begin to run until a demand to indemnify has been made and the responding insurer has failed to satisfy the claim... -
Adverse Costs Insurance Premium is an Assessable Disbursement
May 2, 2018
Following a jury Trial in Armstrong v. Lakeridge Resort Ltd., 20174 ONSC 6565, in which the Plaintiff recovered $68,250 in damages, Justice Salmers ruled on the quantum of costs and disbursements to be paid by the Defendant... -
When is an Insurer’s Notice of Examination Sufficient
May 2, 2018
In M.B. v. Aviva Insurance Canada (16-002325/AABS), the law regarding compliance with the notice requirement under section 44 (for insurers’ examinations) was clarified... -
Golf Carts and Claims for Accident Benefits
May 2, 2018
In 16-001683 v State Farm Mutual Automobile Insurance Company, the LAT held that the golf cart is not an “automobile” because the subject accident did not take place on a “common and public driveway”... -
Filling in the Gap of Appointing a Litigation Guardian at the LAT
May 2, 2018
In I.B. v. Aviva Insurance Company of Canada (16-004144/AABS), the Licence Appeal Tribunal (LAT) offered some direction regarding the procedure for appointing a litigation guardian for an incompetent applicant... -
Supreme Court of Canada Rules on Necessity of Psychological Expert
May 2, 2018
In Saadati v. Moorhead, 2017 SCC 28, the Supreme Court of Canada held that an expert’s diagnosis of a psychological injury was not required for the Plaintiff to succeed in recovering damages for same... -
Trial Lawyers Beware: Estimate the Length of Trial Accurately!
May 2, 2018
Counsel must be aware of the severe consequences of failing to accurately estimate the time required for Trial...
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