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...
by Ethan Edwards | Sep 15, 2023 | Accident Benefits, Coverage
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...
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 Lisa Armstrong | Feb 7, 2023 | Accident Benefits
The Ontario Court of Appeal has allowed Allstate’s appeal from the Divisional Court decision in Varriano v. Allstate Company of Canada. The claimant, Nunzo Varriano, was injured in a motor vehicle accident on September 30, 2015, and paid IRBs from October 7, 2015,...
by Julianne Brimfield | Sep 8, 2022 | Accident Benefits
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...
