The Ontario Court of Appeal affirmed that an incident can be both an “accident” and not an “accident” under the SABS at the same time—a legal paradox worthy of Schrödinger’s cat! Schrödinger’s cat is a thought experiment used to demonstrate the quantum physics...
In 2019, Ms. Marcelo was injured in a motor vehicle accident and applied for accident benefits from the insurer. Among several conditions justifying removal from the MIG, Ms. Marcelo claimed to have sustained a concussion as a result of the accident. It is now well...
The Divisional Court has finally settled the question: is spilling coffee in a car an “accident” under the SABS? The answer is yes. The definition of “accident” in section 3(1) of the SABS is broad and ever-expanding, sometimes in surprising ways. A reveler who broke...
How Previously Married Claimants are Treated in the Context of Priority Disputes – the First of our Three-Part Series Dealing with the Definition of “Spouse” in the Insurance Act. The question of which insurer has priority of, or is liable to pay, an accident benefits...
In 2019 the legislature amended the SABS to confirm that the med/rehab limits are exclusive of HST. But when exactly is HST payable in accident benefits claims? HST has been a hot topic in accident benefits over the past few years, spawning class action lawsuits, a...
In 2021, Mr. Rathbone was stopped at a drive-thru window to pick-up coffee. He was able to transfer the first coffee without issue. However, as he was transferring the second, the lid came off the upper brim, spilling coffee onto his lap. He reacted and dropped the...
