SABS insurers must provide a specific reason for an EUO request before being entitled to it.
examination Tag Archives
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.
Bruff-Murphy v. Gunawardena, 2016 ONSC 7
This decision concerns a threshold motion following final instructions to the jury for an order striking the plaintiff’s claim for general damages on the basis that she failed to prove she suffered permanent and serious impairment of an important physical, mental or psychological function pursuant to s. 267.5 of the Insurance Act, R.S.O. 1990 Chapter I.8, as amended, including Ontario Regulation 381/03, made therunder. The motion was defeated.
Nikolakakos v. Hoque, 2015 ONSC 4738 (CanLII)
Letter of instruction to defence medical/legal expert not ordered produced until defendant decides to call that expert at trial.
Ziebenhaus v. Bahlieda, 2015 ONCA 471
Released June 24, 2015 | CanLII In this decision, the Court of Appeal considered the inherent jurisdiction of the court to order a party to undergo a defence medical examination by someone who is not a “health practitioner” as defined by s. 105 of the Courts of Justice Act. The Court acknowledged at the outset that there was conflicting case law on the issue. The …
