( Disponible en anglais seulement )
Grandma isn’t Always to Blame
Juliet Bratanov’s 18 year old grandson used her van to run-down and kill Kevin Persaud after a drug deal gone bad. Persaud’s family consequently commenced an action against Bratanov claiming that Bratanov was vicariously liable for the actions of her...
( Disponible en anglais seulement )
ONCA: Lessee Entitled to Recovery for Property Damage Under Lessor’s Policy
A recent Ontario Court of Appeal decision has addressed the extent to which a lessee is covered by a lessor’s auto insurance policy for property damage that the lessee incurred to its cargo in an accident. In Siena-Foods Ltd. v....
( Disponible en anglais seulement )
Attendant Care: Beware
Insurers defending retroactive claims for Attendant Care Benefits on the basis of a claimant’s failure to submit an “Application for the Benefit” by means of an Assessment of Attendant Care Needs – Form 1 (“Form 1”) had best beware. Until...
( Disponible en anglais seulement )
Split ONCA Rules IE Expenses Not Recoverable in Loss Transfer
In a 2-1 split, the Court of Appeal for Ontario has held that the provincial loss transfer scheme does not allow a first party insurer to recover from the second party insurer any insurer examination expenses relating to accident benefits....
( Disponible en anglais seulement )
Court of Appeal Rules for Insurer in Topsy-Turvy FSCO Dispute
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...
( Disponible en anglais seulement )
Not All Insurer Medical Exams Are Consented Equal
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...
( Disponible en anglais seulement )
FSCO App. Reverses Controversial Slip & Fall Case
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...
( Disponible en anglais seulement )
FSCO App. Upholds Failed Mediation Decision; Stumps FSCO
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...
( Disponible en anglais seulement )
Earner Qualifies for Non-Earner Benefits
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...
( Disponible en anglais seulement )
Surveillance, Choice of Expert Bury Plaintiff’s Threshold Hopes
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...
