New@SBA.
Priority Disputes 101: The Final Frontier
When a priority dispute doesn’t resolve in the normal course, the parties submit the issues to a private arbitrator. Oh …. there is also another notice provision that we haven’t discussed yet!
If they don’t remit, the HST’s not legit
In 2019 the legislature amended the SABS to confirm that the med/rehab limits are exclusive of HST. But when exactly is HST payable in accident benefits claims?
A Worker in an Executive’s Clothing
Does the Executive Officer Exception under the WSIA apply to every Executive Officer?
ONCA Confirms Business Interruption Losses are Not Insured Losses
The Ontario Court of Appeal has confirmed that business interruption losses relating to COVID-19 are not insured losses.
Business Interruption Losses: COVID-19 is Not an Insured Loss
COVID-19 may be a distant memory to some, but pandemic related litigation continues to filter through the court system. In Workman, the Ontario Superior Court of Justice recently examined an insured’s ability to recover revenue relating to the pandemic.
Expert Reports: Not great to be late
The timing of service of expert reports in litigation is crucial both tactically and per the rules. Lamothe v. Sudbury Trail Plan Association is a refresher on the key points to consider when serving expert reports.
Coffees, Cars, and Cautious Causation
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 remainder of the coffee resulting in injuries to his lap and groin.
ONCA Revisits Mental Health Injuries
The recent Ontario Court of Appeal decision in Bothwell v. London Health Sciences Centre, 2023 ONCA 323 revisited what is necessary for a plaintiff to prove in order to be successful in a mental injury action. Specifically, the Court addressed whether feelings of anger, sadness and frustration, without more, result in a compensable mental injury.
Live Nation v Aviva: A Landmark Insurance Defence Case
Shocking Verdict Revealed in Live Nation v Aviva Insurance Battle – The Inside Scoop on the Game-Changing Landmark Case!
Commensurate Post-104 Week Employment Not a SABS Requirement
The Div Crt has ruled that the SABS post-104 “complete inability” test analysis of other suitable alternative employment does not require employment in a competitive, real-world setting, or employment which is comparable in terms of status and wages.