An applicant citing pain and other issues did not meet the burden of proof for an insurer to provide benefits beyond the minimum injuries guideline (MIG), adjudicator Janet Roswell wrote in a July 28, 2023 Licence Appeal Tribunal decision (Jabbour…
An accident benefits claimant failed to meet the stringent non-earner benefit (NEB) test and is not entitled to ongoing benefits, adjudicator Derek Grant wrote in a July 21, 2023 Licence Appeal Tribunal decision. The claimant, Dominik Crnogorac (referred to afterwards…
Insured drivers who suffer psychological trauma from seeing the aftermath of other people’s serious car accidents are not entitled to collect accident benefits, Ontario’s Licence Appeal Tribunal (LAT) has ruled. That’s because named insureds who witness other people’s car accidents…
If you slip and fall on ice within 10-15 feet of your car, the car did not cause your fall, so that isn’t an ‘auto accident’ under the Statutory Accident Benefits Schedule (SABS), Ontario’s Licence Appeal Tribunal (LAT) ruled last…
A motor vehicle accident victim can proceed with her personal injury claims after British Columbia’s Civil Resolution Tribunal (CRT) found the provincial public auto insurer made an “explicit promise” not to be bound by the two-year limitation period to start…
A taxi driver who was severely beaten by a passenger, after the driver walked 40-to-50 steps away from his running taxi to collect a fare, was not involved in an insurable “auto accident,” the Ontario Superior Court has confirmed. The…
When a motorist gets sued by an accident victim, should the defendant be ordered to pay $5,000 to reimburse the plaintiff for half a day’s court testimony from a plaintiff’s doctor? A British Columbia court official says no. Gary Senner…
Fifteen years after their auto accident, an elderly couple representing themselves in court lost their bid to further postpone their claim against their auto insurer, following years of adjourning trial dates and failing to show up in court. “The trial…
Vehicle crashes in British Columbia hit an all-time high of 350,000 in 2017, the province’s public insurer reported this week. This equates to about 960 crashes a day – a 25% increase from 2014. “That means one out of 10…
A Victoria, B.C. auto accident victim who was awarded about a quarter of what she asked for in a lawsuit is hoping to appeal to the Supreme Court of Canada. A central issue in the case is the verification of…
In an auto accident claim involving back-to-back crashes, a woman who lost both her legs after being hit by a car is barred from suing the driver because the car that had carried her to the scene of the accident…
An auto accident victim who is compensated by Quebec’s public automobile insurance plan cannot sue a third party for an “aggravated” or “separate” aspect of the injury, provided there is a “plausible, logical and sufficiently close link” between the accident…