New@SBA.
Amateur Athletes Secure Concussion Protection
In the midst of the current NHL season, which is seeing more stringent enforcement of concussion protocol implemented to protect professional athletes from potentially life altering brain injuries, the Ontario Government passed a bill that affords...
Court bars SABS actions for bad faith / punitive damages
Can a claimant receiving accident benefits still sue an insurer for extra-contractual damages in court, in light of the April 1, 2016 changes to the Insurance Act? That was the question before Justice Ramsay in a Rule 21 motion recently brought by...
Loss Transfer Superior Court confirms insurers cannot contract out of loss transfer
Automobile insurance is compulsory in Ontario. However, municipalities and large corporations have the financial means to arrange private contracts with their insurers that allow them to handle any claims, including accident benefits claims, that...
Disability Insurers Are Not Required to Give Notice of Limitation Period
The Ontario Court of Appeal has confirmed that disability insurers in Ontario are not required to give insureds notice of the two-year limitation period established by the Limitations Act, 2002 when denying a claim. Appealing from the insurer’s...
Better Get it Right: Termination Clauses in Contracts of Employment
With the expansion of Employment Practices Liability Policies (“HR Malpractice Insurance”) and employment practices endorsements in CGL policies, employment related disputes are becoming a growing portion of claim handlers’ workloads. The most...
New Case: A Reconsideration Request Must Precede Judicial Review
S.T. v. Economical, LAT 16-003034/AABS, LAT Reconsideration, Executive Chair Linda P. Lamoureux The Applicant submitted a Request for Reconsideration 42 days after receipt of the Tribunal’s decision instead of submitting it within 21 days as...
Can Retirement Packages Be Deducted from LTD Benefits? A Live Issue.
In the recent decision of Kerwin v. Manulife Financial, the Ontario Superior Court dismissed a summary judgment motion by Manulife, declining to find that funds received in a retirement package are deductible from long term disability benefit...
Employment Practices Liability Policies and You
It is a common, if unexpected, scenario. You run a business. For good business reasons, you dismiss an employee. He or she is paid what is owed under their contract of employment and the Employment Standards Act 2000. Next, you get a letter from a...
New Case: Evidentiary Dots fail to Connect
A.R. v. Wawanesa Mutual Insurance Company, LAT AABS 17-000149, Adjudicator Msosa This matter involved a dispute over medical benefits. The applicant was seeking payment for two orthopedic assessments; one submitted approximately 3 years...
New Case: Priority Limitation Period Enforced
Aviva v. Pafco, Allstate, MVACF, and Belair, Private Arbitration, Arbitrator Jones This was a preliminary issue hearing regarding whether the arbitration was limitation barred. O. Reg 283/95 requires that a priority arbitration be commenced within...