by Shalini Thomas | Aug 7, 2025 | Accident Benefits
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”). Previously, in disputes where an equitable remedy was pled, the LAT typically found it did not have the...
by Shalini Thomas | Feb 12, 2025 | Priority Dispute
At the age of 17, the claimant was an occupant of a vehicle insured by Certas that was involved in a single vehicle collision. Her application for accident benefits triggered a priority dispute over whether she was principally financially dependent on either one of...
by Shalini Thomas | Oct 4, 2024 | Tort
The debate is over. The Ontario Superior Court of Justice, in Ferreira v. Hopper confirms that any Canada Emergency Response Benefit (CERB) and/or Canada Recovery Benefit (CRB) received by a plaintiff is deductible pursuant to s. 267.8(1)2 of the Insurance Act, R.S.O....
by Shalini Thomas | May 30, 2023 | Accident Benefits
At the time of her 2014 MVA, the claimant worked full-time as an educational assistant (EA). She had also opened a wedding planning business prior to the MVA and booked four wedding contracts for 2015. The claimant was able to return to work as an EA two months...
by Shalini Thomas | Feb 20, 2020 | Occupiers’ Liability
Around 2 a.m. on a June 2011 night, the plaintiff decided to go skateboarding on an unlit recreational path at the South Humber Park for a cardio workout. He was not wearing a helmet or any protective gear. He was sober, alone and did not have a flashlight. He was...
