News

Continuing to believe that you can litigate as if it were 1999 ignores today’s realities. There’s no denying the fact that the industry and its practices have fundamentally changed. You either fight that reality or embrace it.

June 20, 2023

Applicant not entitled to IRBs beyond termination date

Diana Oliveira

The Tribunal found that on the totality of evidence, the Applicant was not entitled to Income Replacement Benefits (IRBs) beyond September 27, 2020 when they were terminated by the Respondent following an Insurer’s Examination (IE). The Applicant continued to work for various periods of time following the accident, interspersed with travel overseas to care for an ailing parent. The Disability Certificate indicated a period of recovery of nine to twelve weeks. The IE assessment took place ten months following the accident and found that the Applicant had no residual accident related injuries.
The Tribunal found the Applicant had the onus to prove she suffered psychological impairment as a result of the accident but she provided no evidence. The tribunal further found that the Respondent was not required to schedule a psychological IE.

FIND THE FULL DECISION AT:
https://www.canlii.org/en/on/onlat/doc/2022/2022canlii124639/2022canlii124639.html?resultIndex=2

June 20, 2023

Statement of Claim does not confirm bona fide intention

Diana Oliveira

The applicant was advised by WSIB in November 2018 that she did not qualify for the loss of earnings benefit (“LOE”) because she did not miss work. It was alleged that the applicant sought legal advice with respect to AB and tort in August 2019, with a Statement of Claim filed in September 2020 against the Town of Milton for improper lighting and signage.

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July 29, 2020

Applicant statute-barred from pursuing a claim for Non Earner Benefits (NEBs) to the License Appeal Tribunal (LAT) due to the limitation period requirements within section 56 of the Schedule.  In addition, the case did not warrant extension of the limitation period pursuant to s. 7 of the LAT Act

Diana Oliveira

The applicant was involved in a motor vehicle accident that took place on December 16, 2016 and sought benefits pursuant to the Statutory Accident Benefits Schedule (SABS, “the Schedule”).

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November 12, 2019

Court Of Appeal Clarifies Limitation Period In SABS Disputes

Michael Blinick

The Court of Appeal ruled recently on the applicable limitation period for claims for the benefits available to individuals injured as a result of involvement in an automobile accident. In the decision of Tomec v. Economical (2019 ONCA 882), the Court of Appeal held that the limitation period is subject to discoverability, essentially finding that a claimant must know that they are potentially entitled to a benefit before a denial of such a benefit can be effective at ‘starting the clock’ for the limitation period associated with challenging an insurer’s denial to pay a benefit.

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October 24, 2019

Claims handling and the new Simplified Procedure

Michael Blinick & Sam Najem

Ontario is making changes to the rules governing the Simplified Procedure under Rule 76 of the Rules of Civil Procedure.

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September 23, 2019

Applicant statute-barred from pursuing a claim for Income Replacement Benefits (IRBs) to the License Appeal Tribunal (LAT) due to the limitation period requirements within section 56 of the Schedule

Diana Oliveira

The applicant was involved in a motor vehicle accident that took place on February 1, 2012 and sought benefits pursuant to the Statutory Accident Benefits Schedule (SABS, “the Schedule”). The applicant’s claim for IRBs was denied by the respondent on March 5, 2015.

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August 8, 2019

Diana Oliveira successfully argues at LAT preliminary hearing that death not a result of an accident as defined by SABS

Diana Oliveira

Applications were brought by MG’s wife and two sons as a result of his death. The insurer denied benefits on the basis that the death was not caused by the accident.

Adjudicator, Robert Watt, found that MG’s death was not caused by the accident, and the Applicants were therefore not entitled to death and/or funeral benefits.

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April 24, 2019

The Opioid Epidemic: The Potential Consequences on Claims Handling

Michael Blinick

Check out the article that Michael wrote for the Without Prejudice publication on the timely issue of opioid addiction and the potential for increased tort exposure! Feel free to reach out if you have any questions or if we can be of assistance.

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December 5, 2018

Case Commentary – re: Deductibility of AB Benefits

Michael Blinick

In two companion decisions, the Court of Appeal has clarified that both past and future AB Benefits are deductible in tort actions even when there is not a strict matching of the amounts owing to a Plaintiff.  The Court of Appeal also addressed (in obiter) whether a tort defendant could be required to compensate a plaintiff for its costs of pursuing AB benefits.
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October 16, 2018

Michael Blinick Comments on Risks Associated with the Legalization of Cannabis in ORIMS Publication

Michael Blinick

In advance of cannabis legalization Michael Blinick comments on the anticipated risks for business risk managers.
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July 23, 2018

Akeelah v. Clow et al.

Michael Blinick

Reasons for Judgment of the Honourable Justice Nightingale following 3 week trial. The action dealt with whether a post-accident stroke and ensuing impairments were caused by the motor vehicle accident that took place 2 years earlier and the Plaintiff’s entitlement to damages.
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July 16, 2018

Case Commentary – Stewart v. Duoro

Chistopher Lamm

The Superior Court of Justice in Ontario recently examined whether a driver is obligated to ensure that adult passengers wear their seatbelts while travelling in motor vehicles in the case of Stewart v. The Corporation of the Township of Douro-Dummer.
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June 20, 2018

Mary Shuttleworth v. License Appeal Tribunal

Michael Blinick

The Honourable Justice Thorburn, on behalf a 3 judge panel, released the reasons in the case of Mary Shuttleworth v. License Appeal Tribunal. The subject action was commenced after an Arbitrator with the License Appeal Tribunal found that Ms. Shuttleworth did not suffer a catastrophic impairment as a result of a motor vehicle accident.
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June 12, 2018

Hancock v. Holmquist

Barry Marta and Jillian Beaulieu

Jury verdict in Oshawa on June 12, 2018 after 17-day trial. The plaintiff was 34 years old when involved in a snowmobile accident on February 28, 2010. He reported to the ambulance paramedics and at the emergency department that he injured his right shoulder, left hip and right knee. The emergency discharge diagnosis was soft tissue injuries.
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May 4, 2018

Lazina Khan successful on Summary Judgment Motion

Lazina Khan

The plaintiff sued the defendants for damages of $5 million for loss of his hand from an injury sustained during a tug-of-war game at the defendants’ campground. The defendants commenced a Third-Party Claim against nine participants in the tug-of-war game.
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