New@SBA.
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: Let’s get this Party Started
Co-operators v. Intact and Northbridge, Private Arbitration, Arbitrator Novick In this priority matter, the claimant was struck as a pedestrian after disembarking his tractor trailer, of which he had regular use. He applied for SABS benefits to his...
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...
New Case: CPP Deductible from IRB
Pan v Allstate Insurance Company of Canada, FSCO A16-003705, Arbitrator Alan Smith This matter involved a dispute with respect to the quantum of income replacement benefits (IRBs) payable. The applicant was self-employed at the time of the...