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The advantages of having an Accident Lawyer handle your accident benefit claim

Campisi Law on March 20, 2020

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.

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INTACT INSURANCE COMPANY V. ALLSTATE INSURANCE COMPANY OF CANADA, 2016 ONCA 609, RELEASED AUGUST 3, 2016

Campisi Law on March 20, 2020

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.

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Badesha v. Haider, 2017 ONSC 1745

Campisi Law on March 20, 2020

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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Accident Benefits Update – Catastrophic Assessment Report Slammed by LAT

Campisi Law on March 20, 2020

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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Depression and Injury: How to Cope

Campisi Law on March 20, 2020

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

Campisi Law on March 20, 2020

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.

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