arbitration Tag Archives

From FSCO to the LAT: Procedural Changes to Accident Benefits Disputes

Written by Najma Rashid / Accident Benefits, Insurance / March 09, 2016
signpost reads LAT in front of FSCO offices in Toronto

  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 …

Continue Reading

Arruda and Western Assurance Company, FSCO A13-003926

Written by Michael Ettedgui / Summaries / August 05, 2015

Released July 7, 2015 | Full Decision This decision by Arbitrator Jeffrey Shapiro makes clear that a diagnosis of chronic pain syndrome can remove an insured from the Minor Injury Guideline (the “MIG”). The arbitration concerned a motor vehicle accident which occurred on May 5, 2012. The insured sustained soft tissue and psychological injuries and was placed in the MIG. After depleting the maximum funding …

Continue Reading

Scarlett v. Belair Insurance, 2015 ONSC 3635

Written by Keith Finley / Summaries / July 08, 2015

Released June 5, 2015 | CanLII In this most recent installment in the Scarlett saga, the Divisional Court reviewed the decision of Director’s Delegate Evans from November 28, 2013.  That decision had overturned the original Arbitration decision of March 26, 2013. The Director’s Delegate had remitted the matter to be heard in full by a different arbitrator. Mr. Scarlett sought to reinstate the Order of …

Continue Reading