May 10, 2022
The decision in Co-operators General Insurance Company v. Branden, 2022 ONSC 2473, involves a statutory accident benefits claim in which the insurer sought to deduct from income replacement benefits amounts received in a settlement of an LTD claim. The Licence Appeal Tribunal held that there were insufficient details of the LTD settlement to permit the […]
April 14, 2022
By Alon Barda One of the more controversial changes when the adjudication of SABS disputes was transferred from FSCO to the LAT is the ability of the Tribunal to award costs. At FSCO, the arbitrator could award “all or part of such expenses incurred in respect of an arbitration proceeding as may be prescribed in […]
March 11, 2022
At our weekly meeting today, Michael Kryworuk discussed the Court of Appeal’s decision in Continental Casualty Company v. Chubb Insurance Company of Canada, 2022 ONCA 188. The appeal involved a priority dispute between insurers regarding Statutory Accident Benefits Schedule (SABS) coverage, where the claimant had basic mandatory SABS coverage under one policy and both basic […]
March 09, 2022
By Athina Ionita The Court of Appeal in Yang v. Co-operators General Insurance Company, 2022 ONCA 178,confirmed the exclusive jurisdiction of the License Appeal Tribunal (LAT) over disputes concerning Statutory Accident Benefits (SABs). The decision underlying the appeal concerned a motor vehicle accident, where the plaintiff claimed damages in the amount of $150 million.[1] Specifically, […]
January 10, 2022
The Divisional Court’s decision in Varriano v. Allstate, 2021 ONSC 8242, demonstrates the importance of insurers providing medical reasons for terminating income replacement benefits in statutory accident benefits claims. Allstate paid the claimant income replacement benefits between October 7, 2015 and December 2, 2015. On December 30, 2015, Allstate sent to the claimant an Explanation of […]
December 16, 2021
By Kayley Richardson The Applicant sought reconsideration of the Tribunal’s decision in Foster v. Aviva General Insurance[1], that was previously discussed on our blog. Our previous blog post can be found here. At first instance, Adjudicator Ferguson had concluded that the Canada Emergency Response Benefit (“CERB”) was akin to other remuneration from employment and since […]
