This was an appeal by an insurer of a decision assigning priority for accident benefits to it instead of the first responder. The main issue on appeal was the question of dependency. Paula Chartrand and her 2 daughters, Athena and Destiny were injured in a collision on August 21, 2010.
In Ontario, it is possible for any injured person to file an accident benefits claim without legal representation. It’s known as self-representation. But just because you can represent yourself, it doesn’t mean you should.
Notwithstanding the difficulty of managing your own claim while trying to recover from a injury, there are many nuances to conducting a claim that are not known to the average person.
Read More about The advantages of having an Accident Lawyer handle your accident benefit claim
Many of you do not know that our legal system is prejudiced against plaintiffs who are injured in car accidents. In response to pressure from the Insurance industry, our Insurance Act has built-in relief for defendant insurance companies from paying damages to plaintiffs. Briefly, damages under a certain amount are subject to an automatic deductible which stays in the defendant insurer’s pocket. So, if a jury awards you $70,000 for pain and suffering, you will only receive $40,000. The jury is not told that this happens.
Read More about Accident Benefits Update: Legal System Is Prejudiced Against Plaintiffs
In Applicant v. Aviva Insurance Canada (2018 CanLII 110921), a recent Licence Appeal Tribunal (LAT) decision, the applicant was struck by another car while making a left hand turn on June 30, 2016. Within two days of the accident, he reported back and left leg pain and began receiving physiotherapy. His employer provided accommodation for his injuries that allowed him to continue working. He received accident benefits coverage from his insurer, Aviva subject to the $3500 cap under the Minor Injury Guideline (MIG). Subsequent treatment plans for physiotherapy, chiropractic and massage were denied and the applicant commenced a LAT proceeding to challenge the MIG designation and seek payment of the disputed plans.
Read More about ACCIDENT BENEFITS UPDATE: INSURER CAN’T RELY ON PRIOR MIG REPORT
In A.M. v the Dominion of Canada General Insurance Company, 2019 CanLII58194 (ON LAT), a dispute arose over the A.M, the applicant’s Income Replacement Benefits (IRBs). He was injured on December 21, 2017 when his vehicle was rear-ended. He applied for “no-fault” accident benefits including IRBs under the Statutory Accident Benefits Schedule (SABS) from his auto insurer, Dominion.
The issue of whether Ontario casinos can be found liable for profiting from losses of problem gamblers is undecided at law. This finding would require the Anns/Kamloops test to be met, such that the circumstances disclose reasonably foreseeable harm and sufficient proximity between the problem gambler and the casino, without the presence of residual policy reasons for negating a duty of care. In 2016, the Court of Appeal for Ontario overturned a summary judgement decision which struck a claim on grounds that the provincial regulator did not owe a duty of care to problem gamblers. Discussed below, the decision has had wide implications and may lead to a novel duty of care in this province.
Recently, the Financial Services Regulatory Authority of Ontario (FSRA) published its 2021 Automobile Insurance Indexation Amounts Guidance. This Guidance, effective January 1, 2021, establishes the amounts related to insurance claims that are subject to indexation for 2021. Indexation is tied to the Canadian Consumer Price Index (CPI) and varies year to year.
Read More about 2021 Threshold and Deductible Amounts Released
If you have been injured in an accident or through an intentional act or negligence of the state, employee or another person, you may ask for damages or monetary awards.
Read More about How to Calculate Damages in a Personal Injury Case
Malitskiy v. Unica Insurance Inc. (18-010164/AABS) a Licence Appeal Tribunal (LAT) decision released January 2, 2020, involved a dispute over entitlement to attendant care benefits and home modifications by the catastrophically impaired (catastrophic) applicant, Sergey Malitskiy.
Read More about Accident Benefits Update – Unica Loses Cat Fight Over AC and Housing Modifications
Let us begin this post with the sincere hope that you and your family are staying well during this unusual time.
