November 19, 2024
By Kathryn Orydzuk The case of Aviva Insurance Company v. Echelon Insurance, 2024 ONSC 5921, arises out of a motor vehicle accident that involved a motorcycle insured by Echelon under a policy issued in Ontario and a Chevy Silverado insured by Aviva under a policy issued in Alberta. The accident occurred in Alberta. The driver […]
October 29, 2024
By Jason Frost Ontario Regulation 383/24 (https://www.ontario.ca/laws/regulation/r24383) has amended the SABS for policies issued after June 30, 2026, making many of the previously standard SABS benefits only available for most persons injured in accidents in Ontario if they purchased optional benefits . With the new SABS effective July 1, 2026, more Ontarians should have optional […]
October 21, 2024
By Jason Frost With Ontario Regulation 383/24 (https://www.ontario.ca/laws/regulation/r24383), the Ontario Government has amended the SABS for policies issued after June 30, 2026, to remove many of the previously standard SABS benefits for most persons injured in an accident on Ontario. The impact of these changes may be catastrophic. The Amended Regulation Will Likely Harm Insureds, […]
August 10, 2024
At our weekly meeting, Sarah Sevier discussed the recent decision of the Ontario Court of Appeal in Morrissey v. Wawanesa Insurance Company, 2024 ONCA 602, allowing a plaintiff’s appeal, finding that both the Licence Appeal Tribunal and Division Court erred in their interpretation and application of O. Reg. 403/96, Statutory Accident Benefits Schedule – Accidents […]
February 21, 2024
By Jennifer Singh This matter of Co-Operators Insurance Company v. Bennett[1] concerns an appeal by Co-operators General Insurance Company (“Co-Operators”) from a LAT decision which determined that the respondent, Helen Bennett, was eligible for funding for an attendant care benefit assessment, given that she had been removed from the Minor Injury Guideline (“MIG”) based on […]
September 29, 2023
At our weekly meeting, Samuel Pevalin discussed the recent decision of the Divisional Court in Kellerman-Bernard v. Unica Insurance Company, 2023 ONSC 4423. Summary The Divisional Court ruled that an insured person is eligible to apply for catastrophic impairment (CAT) designation under the Statutory Accidents Benefit Schedule (“SABS”) whether or not they were directly involved in […]
