November 02, 2022
By Amanda Colarossi Where a claimant is entitled to income replacement benefits (“IRB”), the accident benefits insurer is entitled to certain deductions when calculating the weekly IRB amount payable to the claimant. Calculating the Weekly Base Amount IRBs are paid at 70% of the claimant’s pre-accident gross income earnings, up to a maximum of $400 […]
September 07, 2022
By Kathryn Orydzuk On August 30, 2022, the Ontario Superior Court of Justice heard an application in writing with regard to the case of Ellen Yebin Park v. Pembridge Insurance Company, 2022 ONSC 4944. This case arose from a motor vehicle accident involving a minor pedestrian. The minor applicant commenced an application to seek approval […]
August 19, 2022
At our weekly Friday meeting, Katrina Taibi discussed the Licence Appeal Tribunal’s decision in Garvey v. Economical Insurance Company, 2022 CanLII 73099 (ON LAT). Overview The appellant, Ms. Garvey, was injured in a motor vehicle accident on August 23, 2018. She brought a claim for statutory accident benefits pursuant to the Statutory Accident Benefits Schedule […]
August 10, 2022
By Annie Levanaj The Court of Appeal’s decision in Yatar v. TD Insurance Meloche Monnex, 2022 ONCA 446, provides guidance on how judicial review should be dealt with when a statutory right to appeal also exists. It also reinforces the importance of limitation periods and ensuring claims are commenced in a timely matter in the […]
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. […]
