Champions With Heart.

ECHELON GENERAL INSURANCE COMPANY V. ONTARIO (MINISTER OF FINANCE), 2016 ONSC 5019, RELEASED AUGUST 11, 2016

This was an appeal of a preliminary award in which the arbitrator determined that an insurer’s policy had expired prior to the collision in question.  The issue on appeal was whether an improperly cancelled policy remained in force. On May 15, 2010 the claimant, Mr. Farah was struck as a pedestrian.

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Depression and Injury: How to Cope

Frequently, people who have been injured in a collision or other traumatic event will develop depression – especially if the injuries result in chronic pain, brain injury or catastrophic impairment.  Having to face the sudden loss of good health and cope with an injury severe enough to render the person dependent on others for support can result in feelings of inadequacy and helplessness.  Often, there are chemical and hormonal changes in response to injury that produce depression and anxiety.

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Accident Benefits Update – Catastrophic Assessment Report Slammed by LAT

The Licence Appeal Tribunal (LAT) recently released P.S. vs. Allstate Insurance (2020 CanLII 87980) a catastrophic impairment claim heard immediately before the COVID measures took effect. In this decision, Adjudicator Hines was required to determine whether P.S., the applicant was entitled to enhanced catastrophic benefits under the Statutory Accident Benefits Schedule (SABS).

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Badesha v. Haider, 2017 ONSC 1745

This refusals motion concerned a plaintiff’s request for the statutory third party’s file contents, including the defendant’s first statement to his liability insurer and all correspondence between the defendant and his liability insurer.  TD, the statutory third party (when the motion was heard), refused production on the basis of litigation privilege.  The plaintiff’s motion was defeated.

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