Jones v. Jenkins: Case Comment – Adjusters Beware
OIAA
Take heed. An Ontario Court Judge has recently found that a settlement agreement entered into between an adjuster and an injured Plaintiff was “unconscionable” and had to be “set aside.” The facts of the case are a bit sketchy. It...
Judge Disagrees with Beasley — Finds Rule 53.03 Doesn’t apply to IE assessors in Tort Action
On April 9, 2010, Mr. Justice J.P. Moore held in Beasley v. Barrand that the tort defendant could not call experts retained by the accident benefit insurer to give opinion evidence at trial because their reports did not comply with Rule...
Court Finds Coverage under OPCF 44R
This week’s Ontario Reports contained an interesting coverage decision involving Ontario’s Family Protection Endorsement and claims against the Motor Vehicle Accident Claims Fund. In Graham v. Superintendent of Financial Services Commission of Ontario (2010 ONSC 7129), Christine Graham was riding her bicycle...
Do Not Combine (e) and (f) – Recommends FSCO Expert Panel
FSCO formed the “Catastrophic Impairment Expert Panel” to study and make recommendations on the definition of catastrophic impairment. Their preliminary report was released on April 15, 2011. The panel reported that combining physical and mental/behavioural conditions cannot be achieved...
BCCA Brings FCC claims back to Earth
The Court of Appeal for British Columbia recently released an interesting decision significantly reducing a trial judge’s award for future care costs. This decision could have an impact on similar claims in Ontario. The Plaintiff was injured in a 2005...
British Columbia Motor Vehicle Accident Claims Manual
Continuing Legal Education Society of BC
Contributing author to chapters on “Out of Province”, and “Excess Insurance and Optional Insurance Coverages”. See the CLEBC website for more information on this publication.
Seat Belt Defence: A Review
It is hard to believe that mandatory seat belt legislation has been in effect in Ontario since January 1, 1976 – 35 years ago. As statistics reflect, some 92% of us use our seat belts, compared to 17% when the...
Recent FSCO Decisions Limit Consequences of Insurers’ Technical Errors on SABS Claims
Some recent FSCO caselaw provides reassurance to insurers that accident benefits disputes should be resolved on their merits. Technical errors or breaches of the SABS should not and do not result in automatic benefit entitlement, regardless of whether the insured...
Attendant Care Costs in Accident Benefits and Tort Claims
Insurance Institute, April and October 2010
The Minor Injury Guideline: A Major Change to Accident Benefits?
Late this summer, our office published an article discussing some of the regulatory framework pursuant to the introduction of the new Statutory Accident Benefits Schedule, O.Reg. 34/10, (the “new Schedule”) on which the Minor Injury Guideline (02/10) (the “Guideline”) is...
