A different type of law firm.
We are hiring lawyers (and zookeepers, but mostly lawyers)
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.
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.
The LAT is a Court: Relief from Forfeiture Now Available
Just last week, the Divisional Court issued a ruling that the LAT has authority to grant relief from forfeiture pursuant to s. 129 of the Insurance Act (“the Act”).
Late but Reasonable: ONSC Clarifies Insurer Obligations in Priority Investigations
In Intact Insurance Company v Aviva Insurance Company of Canada, the Ontario Superior Court upheld an arbitral decision which found that Aviva was entitled to pursue Intact for priority, notwithstanding the fact that its Notice of Priority Dispute was served nearly three years after the 90-day deadline had passed.