by Michelle Panagiotakos | Mar 14, 2025 | Accident Benefits, Priority Dispute
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...
by Stas Bodrov | Jan 31, 2025 | Accident Benefits, Priority Dispute
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...
by Ethan Edwards | Jan 31, 2025 | Accident Benefits
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...
by Dmitry Shniger | Jan 29, 2025 | Accident Benefits
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...
by Michelle Panagiotakos | Jan 17, 2025 | Accident Benefits, Priority Dispute
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...
by Julianne Brimfield | Mar 7, 2024 | 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...
