Double Count Me Out: Confusion Persists when Rating Brain Injuries and Mental and Behavioural Disorders
Concerns about “double counting” in the context of catastrophic impairment determination under the various versions of the Statutory Accident Benefits Schedule (“Schedule”) are nothing new. Although the question has been addressed in numerous cases over the years, confusion persists. Director’s...
Ontario Court of Appeal addresses Accident Benefit deductions from Tort award
The Ontario Court of Appeal recently revisited the issue of the deductibility of no-fault accident benefits from an award for tort damages. In Basandra v. Sforza, 2016 ONCA 251, the Plaintiff brought an action for damages arising from injuries he...
Insurance Policies – Better Catch ‘Em All!
Pokémon Go is the latest gaming phenomenon that is taking the world by storm. Within one week of its launch, 65 million people had downloaded the game to their device. Android and iPhone users all over the world are playing...
Automobiles Owned by the Insured or Spouse are “Uninsured Automobiles” when Taken without Consent
In the recent case Skunk v Ketash, 2016 ONSC 2019, the Ontario Superior Court of Justice examined the availability of uninsured and underinsured coverage to a policyholder’s spouse where the vehicle is operated without the consent of the owner. The...
Does the Failure to Equip a Vehicle with Winter Tires Equate to Negligence?
Evidence now clearly shows that winter tires are superior to all other types of tires in winter driving conditions.[1] Winter tires maintain elasticity at low temperatures allowing for better vehicle control in both braking and turning ability.[2] Despite compelling scientific...
Adverse Cost Insurance: Evolving Case Law
A growing issue in personal injury litigation has been the propagation of adverse cost insurance, also known as “after-the-event” insurance. This insurance is typically a policy purchased by a plaintiff in a lawsuit to provide protection in the event of...
A Defendant By Any Other Name: Of Limitation Periods, John Doe, and Misnomer
Having read the reasons for decision in Stechyshyn v. Domljanovic, 2015 ONCA 889 you would be forgiven for wondering whether the panel of the Court of Appeal had taken in a showing of Romeo and Juliet during their deliberations. The...
Back to the Future (Contract): Job Offers and Economic Loss for Attendant Care Service Providers
When the “future contract” provisions were eliminated from the Statutory Accident Benefits Schedule effective April 15, 2004, the industry breathed a sigh of relief that yet another category of “questionable” claims for Income Replacement Benefits were being eliminated. Recall prior...
The Worth of “Diminished Value” Claims in Ontario
Introduction The claim goes by many names: “diminished value”, “diminution in value” and “accelerated depreciation”. The terms are interchangeably used to describe the economic loss of a property’s value as a result of the property having been damaged.[1] The concept...
Transitional Issues for Mediating/Arbitrating AB Disputes
With the change from FSCO to the LAT, some questions have arisen about when it is too late to file for a mediation at FSCO, what the effect of an outstanding mediation is on a LAT proceeding, how limitation period...
