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 […]
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 […]
