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Join our firm!On January 8, 2018, SBA was born out of a unified vision for the future of insurance law, a vision that was led by a female majority partnership and one that did not follow the ancient rules of hierarchy and long expired tradition.
Insurance Investigators Owe No Duty to Insureds for Claim Delays
In Smitten Baby Products Inc. v. FirstOnSite Restoration Ltd., 2025 ONSC 4281 (CanLII), the Ontario Superior Court dismissed a negligence claim against an insurance investigator retained by an insurer, holding it was “plain and obvious” that the investigator owed no duty of care to the insured for alleged delays in claim payment.
Statutory Certainty vs. Flexibility: What Clouthier Means for Insurers
Divisional Court finds weekly benefits payable before submission of the disability certificate with reasonable explanation. In a significant decision, the Ontario Divisional Court has allowed the appeal of Summer Clouthier, a claimant who was struck by a car while cycling in February 2020 and suffered injuries, including a traumatic brain injury.
LAT-titude for Success: Criterion 8 Update
The Licence Appeal Tribunal (“LAT”) released a steady stream of decisions addressing catastrophic impairment claims under Criterion 8, which concerns mental or behavioural disorders under the Statutory Accident Benefits Schedule.
No Offer, Big Costs: ONCA Upholds $300K Costs Award on $15K Damages
The recent Court of Appeal decision in Barry v Anantharajah underscores that insurers should make reasonable settlement offers before trial – no matter how strong they believe their case to be.
Does the post-104 IRB test require an analysis of commensurate employment? The Court of Appeal says “yes, but…”
The Court of Appeal recently confirmed that the analysis of whether an insured suffers a complete inability to engage in employment for which they are reasonably suited by education, training or experience requires consideration of a number of different factors including, but not limited to, the availability of commensurate employment.
Will a lapsed license total the claim?
On July 3, 2021, the Applicant was involved in an accident while driving with an expired license. Security National Insurance refused to defend or indemnify him on the basis that he made false statements in his claim and was driving with an expired license at the time of the accident. The Applicant argued he acted with due diligence and sought relief from forfeiture.