More on the MIG from the LAT
The License Appeal Tribunal (LAT) has released a number of decisions dealing with the application Minor Injury Guideline (MIG) to injured persons. In a recent decision, T.S. v. Aviva General Insurance (17-000835/AABS), Adjudicator Christopher Ferguson was tasked with determining whether...
Pre-judgment Interest in the Court of Appeal
The Ontario Court of Appeal decisions of Cobb v. Long Estate 2017 ONCA 717 and El-Khodr v. Lackie 2017 ONCA 716 now provide clarification on the application of the amendment to the rate of pre-judgment interest in s.258.3(8.1) of the...
Slip and Fall Case Dismissed on Summary Judgment Motion: No Objective Evidence of Unsafe Condition
For 9 years, Marian Hamilton resided on the fourth floor of an apartment building in Toronto. In May 2012, at 67 years of age, she slipped and fell on the vinyl floored corridor near her unit She started a lawsuit against...
Case Comment: Ongoing Gatekeeping Duty of Trial Judge Regarding Expert Evidence Bruff-Murphy v. Gunawardena, 2017 ONCA 502
The Ontario Court of Appeal has recently provided direction on the ongoing role of trial judges with respect to the admissibility of expert evidence at trial. As noted by Justice Hourigan “The law regarding expert witnesses has evolved considerably over...
Post-Accident Income Deductions for Self-employed Insureds: Is it better to earn than receive?
In the long-waited appeal decision from the Financial Services Commission of Ontario (“FSCO”), Delegate Evans in Perth v. Surani (FSCO Appeal P16-00022) confirmed that a self-employed insured’s post-accident business income is deductible from their income replacement benefits for the purposes...
Court of Appeal: PJI/Deductible/Costs Changes are Retroactive, SABS fully deductible and Punitive Damages not Appropriate
On September 19th, 2017, the Ontario Court of Appeal released it’s much anticipated decision on whether or not changes to how pre-judgment interest is calculated would be a retroactive change or not. The Court also adjudicated upon a number of...
Improper Excluded Driver Forms Can Still Be Enforceable
The Ontario Court of Appeal, in Royal & Sun Alliance Insurance Company of Canada v. Intact Insurance Company (“RSA v. Intact”)[1], recently addressed the manner in which the OPCF 28A excluded driver form may be issued by the insurer. In...
Mental Injury and Negligence Law – Recognized Psychiatric Illness Not Required
In the recent decision of Saadati v. Moorhead, 2017 SCC 28 (CanLII), the Supreme Court of Canada rejected the argument that claims for mental injury are subject to a different test than claims for physical injury, holding that the law...
Sharing is Caring – Or is it?
There is no doubt about it – the sharing economy is here to stay. A recent report authored by the Insurance Institute of Canada concludes that the sharing economy will only increase in size and influence. This is due to...
Snowball v Ornge: Court Leaves the Door Open for Secondary Victim Claims
On May 31, 2013, Christopher Snowball was tragically killed while operating a helicopter for his employer, Ornge. As a result of the incident, his family commenced an action against Ornge for damages. In addition to claiming damages under s. 61...
