September 21, 2023
By Amanda Colarossi In Imeri et al v. Laidman et al, 2023 ONSC 5095, the plaintiff, who previously settled their accident benefits claim against Aviva (the priority insurer) attempted to bring a claim in punitive and aggravated damages against TD General Insurance (“TD”) for non-payment of accident benefits. TD brought a motion for summary judgement […]
August 11, 2023
At our weekly meeting, Eli Feldman discussed the saga of Beaudin v. Travelers Insurance Company of Canada. On June 15, 2023, the Supreme Court of Canada (the “SCC”) denied Travelers Insurance Company of Canada (“Travelers”) leave to appeal, marking the end of Beaudin v. Travelers Insurance Company of Canada, 2022 ONCA 806 (“Beaudin”). Before arriving […]
July 25, 2023
By Samuel Pevalin, Student-at-Law Overview The Licence Appeal Tribunal (LAT) considered the issue of what constitutes an “accident” under 3(1) of the Statutory Accidents Benefits Schedule (“SABS”) in Rathbone v. Co-operators General Insurance Company, 2023 CanLII 58468. The applicant, Mr. Rathbone, sustained injuries when he ordered a coffee at a drive-thru and the lid came off, burning […]
June 14, 2023
By Amanda Colarossi Overview In Dahi v. Certas Home and Auto Insurance Company, 2023 CanLII 32797, the applicant was involved in an accident on January 29, 2015 and sought payment of accident benefits from the respondent. The issues in dispute were whether the claimant was catastrophically impaired under Criterion 7, the cost of CAT assessments, […]
May 05, 2023
At our weekly meeting, Nasra Esak discussed the recent decision of the License Appeal Tribunal (LAT), Amalathasan v. Certas Home and Auto Insurance Company, 2023 CanLII 17707 (ON LAT). In this decision, the Tribunal addressed the circumstances it can consider re-litigated issues and the application of the res judicata doctrine. Background The applicant was involved […]
April 20, 2023
By Jennifer Singh In Syed v. Security National Insurance Company [1], the LAT dismissed the applicant’s application and awarded the respondent, Security National Insurance Company, $2,000.00 in costs. Motions can be a useful tool at the LAT, but with finite resources frivolous motions constitute a hindrance. The awarding of costs at the LAT is rare, […]
