New@SBA.
Statutory Certainty vs. Flexibility: What Clouthier Means for Insurers
Divisional Court finds weekly benefits payable before submission of the disability certificate with reasonable explanation. In a significant decision, the Ontario Divisional Court has allowed the appeal of Summer Clouthier, a claimant who was struck by a car while cycling in February 2020 and suffered injuries, including a traumatic brain injury.
LAT-titude for Success: Criterion 8 Update
The Licence Appeal Tribunal (“LAT”) released a steady stream of decisions addressing catastrophic impairment claims under Criterion 8, which concerns mental or behavioural disorders under the Statutory Accident Benefits Schedule.
No Offer, Big Costs: ONCA Upholds $300K Costs Award on $15K Damages
The recent Court of Appeal decision in Barry v Anantharajah underscores that insurers should make reasonable settlement offers before trial – no matter how strong they believe their case to be.
Does the post-104 IRB test require an analysis of commensurate employment? The Court of Appeal says “yes, but…”
The Court of Appeal recently confirmed that the analysis of whether an insured suffers a complete inability to engage in employment for which they are reasonably suited by education, training or experience requires consideration of a number of different factors including, but not limited to, the availability of commensurate employment.
Will a lapsed license total the claim?
On July 3, 2021, the Applicant was involved in an accident while driving with an expired license. Security National Insurance refused to defend or indemnify him on the basis that he made false statements in his claim and was driving with an expired license at the time of the accident. The Applicant argued he acted with due diligence and sought relief from forfeiture.
The LAT is a Court: Relief from Forfeiture Now Available
Just last week, the Divisional Court issued a ruling that the LAT has authority to grant relief from forfeiture pursuant to s. 129 of the Insurance Act (“the Act”).
Classic Car-ma: The Court of Appeal’s Approach to Rare Property
What happens when a trusted family friend sells off a priceless vintage Corvette — not just any car, but a labour of love? The recent Ontario Court of Appeal decision in Kew Estate v. Konarski shows how the law treats rare property damages when the stakes are more than just dollar figures.
Moo-ving Past Negligence: Court Dismisses Negligence Claim Without Evidence of Breach
The Plaintiff was injured in a motor vehicle accident after his vehicle collided with a steer which had escaped from a nearby farm property. The steer belonged to Walkhavern Farms Ltd., a family-run operation owned by Collin and Maud Walker.
The Cost of Being the Applicant Insurer
The Court of Appeal confirmed that O. Reg. 283/95 does not allow for the recovery of an insurer’s expenses in priority disputes unless there has been a deflection.
50 is the New 35: Small Claims Court Just Levelled Up
Find Out How Upcoming Changes in the Small Claims Court Monetary Jurisdiction Could Impact Insurance Disputes, Defence Strategy and Your Litigation Playbook.
“It’s Complicated.”
When Living Together and Parenthood Trigger Priority – the Final Instalment of our Three-Part Series Dealing with the Definition of “Spouse” in the Insurance Act.
“One size does not fit all”: Divisional Court Overturns LAT Adjournment Denial
A recent Divisional Court decision granted a stay of a LAT decision denying an adjournment in a catastrophic impairment case. The decision underscores that scheduling discretion must still respect fairness, especially in complex matters.