The Divisional Court has recently weighed in on the deductibility of EI benefits from an income replacement benefit owing to an insured person after an accident. The Court held that all EI benefits are deductible as “gross employment income”. Section 4(1) of the SABS...
In a rare challenge to exclude scientific evidence as unreliable in a civil case, Justice Bale found SPECT scans do not meet the reliability foundation test for novel scientific evidence, in the recent decision of Meadev. Hussein, 2021 ONSC 7850. According to the...
In a recent LAT decision, the adjudicator was unfavorably “shocked” at an insurer’s conduct toward its insured. Let’s talk about what went so terribly wrong in this motion to dismiss an application. The applicant in this case was a visually impaired senior citizen who...
Even the world of statutory accident benefits has to deal with novel issues in the time of COVID-19. Imagine the following scenario: An individual is involved in an automobile accident. They sustain injuries and are unable to return to work. They apply for statutory...
In Kanani v. Economical Insurance, the plaintiff tried to compel the insurer to produce information about its reserves. The plaintiff sought retroactive attendant care benefits from the insurer. The statement of claim contained allegations about how reserves were set...
In a very surprising turn of events, the long awaited judicial review of MVAC v. Barnes, P16-00087 FSCO was dismissed as moot when it was revealed that the outcome of the judicial review would have no effect on either of the parties appearing before the Divisional...
