Third-Party Claim: Is It Out Of Time?
Third party proceedings can be an efficient, and cost-effective way of adding parties and any related claims arising from the same set of facts. Rule 29.02 provides the time constraints for when third party claims must be issued: within ten...
The Times They Are a Changing – The Evolution of Insurance Coverage for Medical Marijuana
As we celebrate the 50th Anniversary of the Summer of Love (1967-2017), listening to vinyl/download versions of Jefferson Airplane, Janis Joplin and the Grateful Dead, it is clear some aspects of counter-culture have become mainstream. With the advent of new...
The Times They Are a Changing – The Evolution of Insurance Coverage for Medical Marijuana
As we celebrate the 50th Anniversary of the Summer of Love (1967-2017), listening to vinyl/download versions of Jefferson Airplane, Janis Joplin and the Grateful Dead, it is clear some aspects of counter-culture have become mainstream. With the advent of new...
No Costs in LAT Proceeding, Despite Unreasonable Conduct from Counsel
A recent decision of the License Appeal Tribunal (“LAT”) shows the difficulty for first party insurers to get costs awarded in accident benefits proceedings at the LAT. In 16-000546 v. Primmum Insurance Company, 2017 CanLII 46355 (ON LAT), the Tribunal...
An Apt Decision: Ontario Court of Appeal Overturns Limitation Period Ruling
Introduction A recent Ontario Court of Appeal decision determined that a personal injury claim arising from the alleged disrepair of a residential rental unit is not constrained by the one-year limitation period prescribed by the Residential Tenancies Act, 2006[1] (“RTA”)....
No Causation, No Accident
Two recent decisions from the Financial Services Commission of Ontario (FSCO) have dealt with determining whether or not the Applicants were involved in an “accident” as defined in section 3(1) of the Statutory Accident Benefits Schedule – Effective September 1,...
Ontario SABs Insurers Do Not Have to Justify EUO Reason
The Ontario Court of Appeal, in Aviva Insurance Company of Canada v. McKeown, 2017 ONCA 563 (CanLII) determined an insurer is not required to provide a “justification” to compel an applicant for benefits to attend an examination under oath pursuant...
Case Comment: Cannon v. Cemcor Apartments Inc., 2017 ONCA 378
Recently, the Ontario Court of Appeal considered a landlord’s winter maintenance obligations in an action arising out of a tenant’s slip and fall in a parking lot in Cannon v. Cemcor Apartments Inc., 2017 ONCA 378. Under its lease with...
The Licence Appeal Tribunal Isn’t Unconstitutional
The Licence Appeal Tribunal isn’t going anywhere. In 2014, the Ontario government passed the Fighting Fraud and Reducing Automobile Insurance Rates Act. Prior to this legislation, accident benefits claimants could contest a denial of benefits by filing an Application for...
No Diagnosis – No Problem
The Supreme Court of Canada has found an injured claimant does not need to have a diagnosed psychological/psychiatric injury in order to recover for a mental injury sustained in an accident. In Saadati v. Moorhead, 2017 SCC 28, the claimant...
