Rivera v. British Columbia Life & Casualty Company, 2015 CarswellOnt 16988

This application addressed the priority of coverage between a Long-Term Disability Carrier and an Accident Benefits Carrier. The Respondent, BC Life & Casualty Company, took the position that it was entitled to deduct Income Replacement Benefits from their calculation of the Applicant’s Long-Term Disability Benefits. The Applicant brought an application for a declaration that this was inappropriate. As per both the Insurance Act and the Statutory Accident Benefits Schedule, it is the Accident Benefits Carrier that is entitled to deduct Long Term Disability Benefits received, not the other way around. This resulted in the Applicant facing deductions from both carriers and receiving less than what he was contractually entitled to as per the regulations. Madam Justice Milanetti agreed with the Applicant and regarded the Respondent’s approach as based on an “erroneous” understanding of Ontario law. Justice Milanetti noted that “The matter should have been resolved without the need for today’s convoluted hearing. I have no confidence that it would have been resolved but for it.” Costs of $3,500 inclusive of HST and disbursements were awarded to the Applicant.

Jonah Waxman
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Born and raised in Hamilton, Jonah Waxman graduated from the University of Western Ontario in 2008 with a Bachelor of Arts, specializing in Philosophy, where he was on the Dean's Honour List for four consecutive years. Following that he completed his legal studies at the University of Windsor. Jonah was called to the bar in 2012.

While Jonah's interest in personal injury was sparked during a summer internship he has always found working with clients in great need particularly motivating. During his undergraduate degree, Jonah volunteered with psychiatric patients at McMaster University Medical Centre and with geriatric residents at Shalom Village Retirement Home. In law school, Jonah continued this pursuit by performing work for the Law Enforcement Accountability Project and actively participating in the Faculty's White Ribbon Campaign, a movement aimed at ending violence against women.

In his spare time, Jonah is very interested in the arts. He especially enjoys literature, film and composing and performing his own music.