In recent companion decisions MMS and Wawanesa and BF and Wawanesa, the LAT finally awarded costs. The fact that it took over 40 decisions for costs to be awarded is troubling.
Duncan understands that bad things sometimes happen to good people. Duncan helps clients with all types of serious personal injury matters, including motor vehicle accidents, snowmobile accidents, ATV accidents, slip and falls, and plane crashes. He is also experienced in Long-Term Disability insurance denials, Canada Pension Plan Disability appeals, and other insurance matters. A bright mind and ambitious approach, Duncan is recognized as a thought leader in the Thunder Bay legal community, teaching Insurance Law at the Bora Laskin Faculty of Law at Lakehead University, and a committed community player, as reflected in his Citizen of Exceptional Achievement Award (2015) and Top 20 Under 40 Visionary Award.
Starting April 1, 2016, the Licence Appeal Tribunal (LAT) took over hearing Statutory Accident Benefits disputes. The first LAT decision was released online in July 2016. With the LAT just turning 9 months old, this post will examine the LAT decisions published online to date (as of January 12, 2017).
Books make great holiday gifts for lawyers. We can read really quickly (from all the document review) and with our Type-A personalities we feel like we should always be working (even during leisure reading).
Here are my gift suggestions for the lawyer in your life.
Insurance companies often argue that if a person can do part-time work, then they are not “Totally Disabled”. Or, if a person can do some job tasks, then they are not “Totally Disabled”. This makes sense on its face, but these arguments are wrong in law! Courts and Arbitrators have found that “Total Disability” and “Complete Inability” are legal terms of art and, as such, they should not be interpreted literally.