The floor tiles are chipped. There is a crack in the drywall. The carpet is torn and unsecured. The bathtub leaks onto the floor. In residential premises, a tenant can trip, slip, or fall due to any of these conditions. If injured, can the tenant sue their landlord for negligence? And if so, what are the time limits for commencing such an action? Many Ontarians are familiar with …
Canada Pension Plan Disability Benefits – A Primer
The Canada Pension Plan (“CPP”) is a federal government program that provides income support to individuals who are either disabled or retired. Many people are unaware that CPP provides disability benefits if they become disabled before retirement age. CPP Disability benefits are tied to the number of years an employed person has been making contributions into the Plan. The CPP Disability benefit is a monthly taxable …
State Farm Mutual Automobile Insurance Company v. Aslan et al., 2016 ONSC 2725
An April 13, 2016 decision by Justice Hackland in Ottawa has provided further guidance on the notice requirements before an insurer can perform a section 33 Examination Under Oath. A generic statement that the insurer requires an examination under oath to determine the insured’s entitled to statutory accident benefits will not suffice.
Mazzucco v. Herer et al., 2015 ONSC 7083
Mazzucco v. Herer Signals a “New Era in the Private Insurance Exception”
From FSCO to the LAT: Procedural Changes to Accident Benefits Disputes
The 2015 Ontario budget announced on April 23, 2015 brings sweeping changes to the auto insurance accident benefits system. Catastrophic and non-Catastrophic funding limits were slashed, and drastic revisions to the definition of “catastrophic impairment” were proposed. There will be a huge procedural change as well; disputes under the Statutory Accident Benefits Schedule (“SABS”) will no longer be subject to the jurisdiction of the Financial Services …
Dube v. RBC Life Insurance Company, 2015 ONCA 641
Released September 21, 2015 | Decision Dube permitted relief from forfeiture for a disabled employee who failed to give proof of claim within the 90-day period under his employer’s group policy. The Court of Appeal provides a victim-friendly analysis under the relief from forfeiture test. In Dube, the Plaintiff was injured in an accident in May 2010. His employer advised him that he was ineligible …