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...
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...
