( 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...
( Disponible en anglais seulement )
Woman falling before Taxi Ride not in Car « Accident »
A Superior Court judge has ruled against a plaintiff seeking to claim accident benefits from tripping/falling on her way to get into a parked taxi. In Barros v. Shah, the plaintiff was planning to go with her daughter (Maria Oliveira)...
( Disponible en anglais seulement )
FSCO Appeal Pockets Automobile Claim
FSCO has allowed the insurer’s appeal in a controversial decision about whether a pocket bike was an « automobile ». In Bouchard v. Motors, Cassondra Bouchard had a friend named Kristin Stratton, who owned a couple of pocket bikes (described as gas powered...
( Disponible en anglais seulement )
Claimant Collects Complete (Attendant) Care Claims
In the Henry and Gore Mutual Insurance Company case, the applicant, Mr. Henry brought an application pursuant to Rule 14.05(d) and (h) to determine a dispute with respect to quantum of attendant care payable to an insured for services rendered...
