Miller Thomson Blogs put a more conversational lens on Canadian law. See the diverse perspectives of our lawyers here.
MT Insurance Law Blog
Court of Appeal Rules for Insurer in Topsy-Turvy FSCO Dispute
August 30, 2012
The Court of Appeal for Ontario has set aside a Divisional Court decision from a weird FSCO ruling dealing with multiplicity of proceedings and limitation issues. The facts in Gordyukova v. Certas Direct are somewhat extraordinary, which might explain the differences of...
Not All Insurer Medical Exams Are Consented Equal
August 29, 2012
Insurer medical examinations and assessments are a vital tool in accident benefits adjusting and in the defence of any personal injury law suit. Given the purpose for these assessments, a unique doctor-patient relationship arises, which can create difficulty when it...
FSCO App. Reverses Controversial Slip & Fall Case
August 9, 2012
FSCO Director’s Delegate Lawrence Blackman has restored some sanity to the ongoing saga of whether a “slip and fall” incident is an “auto accident”. In Webb v. Wawanesa, Arbitrator Joyce Miller held that the claimant who slipped on some ice...
FSCO App. Upholds Failed Mediation Decision; Stumps FSCO
August 9, 2012
|
Director’s Delegate Evans has upheld the February 10, 2012 decision of Arbitrator Rogers in State Farm vs. Leone which found that a mediation was deemed to have failed because it did not take place within 60 days of an application being...
Earner Qualifies for Non-Earner Benefits
July 24, 2012
The Ontario Court of Appeal has held that a person employed (and earning) at the time of an accident could still be entitled to receive non-earner benefits under the SABS. In Galdamez v. Allstate, the claimant was injured on October 26, 2002...
Surveillance, Choice of Expert Bury Plaintiff’s Threshold Hopes
July 13, 2012
A Superior Court judge has ruled that a tort plaintiff with alleged chronic pain syndrome failed to meet the statutory threshold of “permanent, serious impairment” arising from a motor vehicle accident. In Dahrouj v. Aduvala, the 48-year-old plaintiff was injured...
Woman falling before Taxi Ride not in Car “Accident”
July 10, 2012
A Superior Court judge has ruled against a plaintiff seeking to claim accident benefits from tripping/falling on her way to get into a parked taxi. In Barros v. Shah, the plaintiff was planning to go with her daughter (Maria Oliveira)...
FSCO Appeal Pockets Automobile Claim
July 5, 2012
FSCO has allowed the insurer’s appeal in a controversial decision about whether a pocket bike was an “automobile”. In Bouchard v. Motors, Cassondra Bouchard had a friend named Kristin Stratton, who owned a couple of pocket bikes (described as gas powered...
Claimant Collects Complete (Attendant) Care Claims
June 29, 2012
|
In the Henry and Gore Mutual Insurance Company case, the applicant, Mr. Henry brought an application pursuant to Rule 14.05(d) and (h) to determine a dispute with respect to quantum of attendant care payable to an insured for services rendered...
SCC Rules Tree Falling on Car was MVA
June 25, 2012
The Supreme Court of Canada has ruled that a person was involved in a “motor vehicle accident” when a tree fell on his parked car and killed him. In City of Westmount v. Richard Rossy et al., a tree collapsed...
Disclaimer
This blog sets out a variety of materials relating to the law to be used for educational and non-commercial purposes only; the author(s) of this blog do not intend the blog to be a source of legal advice. Please retain and seek the advice of a lawyer and use your own good judgement before choosing to act on any information included in the blog. If you choose to rely on the materials, you do so entirely at your own risk.
