August 16, 2022
The case of Terra v. Desjardins Financial Security Life Assurance Company, 2022 ONSC 4673, involves a dispute over a defence medical examination in a long-term disability benefits claim. Prior to the commencement of the action, the plaintiff attended a psychiatric assessment with Dr. Chad at the request of the defendant insurer. After the litigation was […]
August 08, 2022
In Namin v. Allstate Insurance Company of Canada, 2022 CanLII 70251 (ON LAT), Vice-Chair Maedel of the Licence Appeal Tribunal held that an incident wherein the applicant slipped and fell on snow and ice after exiting her vehicle was not an “accident” under the Statutory Accident Benefits Schedule. The description of the incident is as […]
August 03, 2022
By Amanda Colarossi Overview Section 44 of the Statutory Accident Benefits Schedule (“SABS”) outlines the requirements of an insurer when scheduling an insurer examination (“IE”). The Licence Appeal Tribunal (“Tribunal”) can, on a motion, create remedies for any breaches of s.44. This was the situation in Waring v. Aviva General Insurance Company, 2022 CanLII 59513. […]
July 25, 2022
The case of Butterfield v. Intact Insurance Company, 2022 ONSC 4060, involves a duty to defend application against an insurer. The applicant, who has schizophrenia, suffered a psychotic episode while at a firearms store. He stabbed the store owner in the honest but deluded belief that he was defending himself and/or his family. The applicant […]
July 21, 2022
By J. Nicholas Fernandes Overview The Occupiers’ Liability Act places a positive duty on occupiers to take such care as is reasonable in the circumstances to ensure that persons entering upon their premises are reasonably safe when doing so. The duty of care in each case is fact specific and takes into consideration, amongst other things, […]
July 19, 2022
In Grewal v. Peel Mutual Insurance Company, 2022 ONSC 4082, the Divisional Court confirmed that an appeal in a regulatory proceeding, such as a matter before the Licence Appeal Tribunal, must wait until there is a final determination of the claim. The matter in issue involved a statutory accident benefits dispute. The claimant sought to […]
