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…
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…
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.…
How this public insurer plans to save $1 billion a year
November 13, 2018 by Jason ContantChanges to accident benefits regulations will result in projected net savings of $1 billion annually, British Columbia’s Ministry of Attorney General said Friday. Changes to Insurance Corporation of British Columbia’s (ICBC) accident benefits will cost an estimated $200 million annually.…