What a tribunal said about psychological symptoms in an auto case
September 5, 2023 by David GambrillOntario’s Licence Appeal Tribunal has rejected a claim for auto accident benefits arising from psychological symptoms, finding that while these symptoms happened after the crash, they were not caused by the crash. Also, the adjudicator found the injured insured’s doctors…
Why AB claim doesn’t clear minor injury guideline hurdle
August 15, 2023 Philip PoradoAn applicant who failed to demonstrate her injuries weren’t minor cannot receive benefits beyond the minor injury guideline (MIG), an adjudicator determined in an Aug. 14 Licence Appeal Tribunal (LAT) decision (Reid v. Aviva General Insurance, 2023 ONLAT 20-015102/AABS – A). The MIG…
Why AB claimant won’t receive additional benefits
August 1, 2023 Philip PoradoAn 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…
Why this AB claimant couldn’t prove an inability to carry on a normal life
July 27, 2023 Philip PoradoAn 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…
Court weighs in on when insurers are prejudiced in AB claims
February 8, 2022 by David GambrillIn considering whether an insurer is prejudiced by extending the two-year limit to file an appeal of termination of accident benefits, an appeals tribunal should be considering the period of the proposed extension, not the sum total of the time…
Ontario auto claimants seek leave to appeal HST dispute to Supreme Court
October 13, 2021 by Greg MeckbachA dispute over the handling of sales tax in Ontario auto accident benefits claims could reach the Supreme Court of Canada. In 2018, several auto clients filed lawsuits in Ontario against accident benefits insurers. Plaintiffs allege those carriers either included…
Appeal court rules for insurers in handling of HST in auto AB claims
May 27, 2021 by Greg MeckbachOntario auto insurance claimants cannot take insurers directly to court over how carriers treat sales tax on accident benefits claims, the province’s appeal court has ruled. This is because the province’s Licence Appeal Tribunal, not the Superior Court of Justice,…
Court dismisses class action against insurers for handling of HST in auto AB claims
July 17, 2020 by David GambrillOntario’s Superior Court has quashed a proposed class action lawsuit against 16 Ontario auto insurers — a dispute related to insurers deducting HST tax from accident benefits paid out to minor auto accident injury victims — because only the LAT…
Advocates pushing for this temporary accident benefit reform
April 6, 2020 by Greg MeckbachAccident benefits clients who are seriously injured could be running into issues with attendant care benefits because of the social distancing precautions in effect with the COVID-19 pandemic. FAIR Association of Victims for Accident Insurance Reform has heard that some…
How COVID-19 is probably affecting your auto claimants
April 3, 2020 by Greg MeckbachThe precautions underway to reduce COVID-19 transmission risk appear to be having a direct impact on auto accident benefits claimants – and not in a good way. “We have people who are seriously and catastrophically injured who are in their…
Dirt bike coverage dispute could reach Supreme Court of Canada
January 30, 2020 by Greg MeckbachIf an Ontario auto client gets injured while riding a dirt bike out of province, should accident benefits be payable? Echelon General Insurance Company is trying to bring this question before Canada’s top court. The Supreme Court of Canada announced…
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…