Keyword
accident benefits
Did the threshold for special awards against insurers just sink lower?
January 9, 2020 by David GambrillA recent decision of the Licence Appeal Tribunal (LAT) concerning an ice fishing accident in Ontario shows that insurers cannot simply rely on the opinions of medical assessors when determining a claimant’s needs, according to one insurance defence lawyer. In…
Two-year window to dispute auto claim denial not a ‘hard limitation,’ court rules
November 13, 2019 by Greg MeckbachThe two-year time limit to take auto accident benefits disputes to Ontario’s Licence Appeal Tribunal (LAT) is not a “hard limitation” period, the province’s appeal court has ruled. In Tomec v. Economical Mutual Insurance Company, released Nov. 8, the Court…
Top court cuts down “apples” approach to tort award reduction
July 11, 2019 by Greg MeckbachAdjusters and insurance defence lawyers who think the “apples-to-apples” approach to deducting future no-fault benefits from tort awards is rotten will likely find relief in a Supreme Court of Canada ruling released Thursday. Canada’s top court announced July 11 it…
Optional benefits priority ruling could create “administrative nightmare” for auto insurers
July 9, 2019 by David GambrillAn insurance defence lawyer is warning of a potential “administrative nightmare” for insurers in light of a recent Court of Appeal for Ontario decision on priority disputes involving optional benefits. Continental Casualty Company v. Chubb in Ontario is now becoming…
Priority dispute over accident benefits hinges on endorsement
June 26, 2019 by Jason ContantContinental Casualty Company (CNA Canada) must pay both mandatory and optional accident benefits to an injured pedestrian after a judge set aside the decision of an arbitrator in a priority dispute. Arbitrator Kenneth Bialkowski concluded in an April 2018 decision…
Supreme Court to consider insurer’s medical examiner defamation suit against lawyer
April 26, 2019 by Greg MeckbachA $15-million defamation lawsuit by a doctor who examines accident benefits claims on behalf of auto insurers is headed to the Supreme Court of Canada. The top court announced Thursday it will hear an appeal of Platnick v. Bent, released Aug.…
AB case generates massive confusion around “but for” causation test
February 21, 2019 by Jason ContantA recent Ontario accident benefits case has highlighted ongoing confusion about how to identify and apply the proper causation test — including the contentious “but for” clause. The case revolves around whether the “but for” test of causation or the…
Court weighs in on approach for deducting accident benefits from tort damages
December 6, 2018 by Jason ContantAn Ontario court has ruled that accident benefits should be deducted from tort damages using a “silo” approach rather than a strict matching (“apples-to-apples”) approach. In a lengthy and complex decision covering a wide variety of legal points, the Court…
Raise auto accident benefits: Ontario politician
October 31, 2018 by Greg MeckbachThe cuts to mandatory auto accident benefits made in 2010 and 2016 need a second look, says Ontario’s opposition auto insurance critic. “It’s something we need to re-examine,” Gurratan Singh, the New Democratic Party’s auto insurance critic, said Wednesday in…
Ontario auto insurer’s examiner gets day in court
September 5, 2018 by Greg MeckbachLast week’s court ruling against a prominent personal injury lawyer could give Ontario auto insurers’ medical examiners recourse if those doctors feel their conduct has been publicly maligned. Dr. Howard Platnick is a Toronto physician who does medical examinations for…
Should accident benefits for minor injuries be optional?
June 5, 2018 by Greg MeckbachShould greater choice in auto insurance for Ontario motorists include the ability of insureds to opt out of benefits for minor injuries? David Marshall, a special advisor to Finance Minister Charles Sousa, has questioned whether accident benefits should cover minor…
Paralegal license revoked for dishonest dealings with insurers
May 11, 2018 by David GambrillOntario’s legal regulator has revoked the license of a Richmond Hill paralegal for professional misconduct, finding that he misrepresented himself to insurance companies in accident benefits claims. In addition, the Law Society Tribunal ordered Roland Spiegel to pay the regulator…