by Lisa Armstrong | Dec 3, 2021 | Accident Benefits, Tort
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...
by Caroline Meyer | Sep 1, 2021 | Accident Benefits
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...
by SBA Lawyers | May 4, 2020 | Accident Benefits, Emerging Issues
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...
by Caroline Meyer | Jan 23, 2020 | Accident Benefits
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...
by Lisa Armstrong | Mar 22, 2019 | Accident Benefits
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...
by Suzanne Armstrong | Mar 13, 2019 | Accident Benefits
A recent decision of the Divisional Court has confirmed that the ‘but for’ test was the correct causation test to be applied in accident benefit cases. In Sabadash v. State Farm et al, prior to the subject accident in March 2011, Mr. Sabadash had a pre-accident...
