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...
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...
In Gray v. Intact Insurance Company, the Ontario Licence Appeal Tribunal made clear that merely seeing or hearing an accident does not make one a participant in that accident. The case in question involved an incident that occurred on August 14, 2019. While the...
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,...
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...
