Dealing with Claimants Who Have Entered Voidable or Void Marriages in Good Faith in the Context of Priority Disputes – the Second of our Three-Part Series Dealing with the Definition of “Spouse” in the Insurance Act Welcome back to our series exploring the definition...
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 a recent decision, the Divisional Court ruled that the Appellant, Naomi Kellerman-Bernard, was eligible to make a claim for catastrophic impairment designation, despite not being personally involved in the accident herself. The Appellant’s child was involved in a...
