In November 2017, J.E. was walking on a sidewalk in Waterloo when he was injured by a bus stop sign that was protruding into his path. He claimed damages for injuries including concussion, depression and anxiety. In 2023, J.E. was subsequently hospitalized, diagnosed with and treated for schizophrenia.
In Security National Insurance Co v. Thomas, the insurer paid income replacement benefits to the insured, Aklilu Thomas, following a collision that occurred on June 1, 2018. Partial repayment of benefits was subsequently sought by the insurer and the dispute went to the Licence Appeal Tribunal (the “LAT”).
On July 26, 2017, the plaintiff, a lawyer for Legal Aid Ontario, submitted a claim for long-term disability benefits (LTDs) to Sun Life Assurance Company of Canada (Sun Life), alleging total disability as of April 18, 2017, due to left arm and shoulder pain, anxiety, depression and phantom limb pain. On September 26, 2017, the plaintiff received a letter from Sun Life advising her that her claim for LTDs had not been approved as she did not satisfy the definition of “total disability”.
This ruling involves a motion brought by the defendant for leave to call more than three experts at trial, and more specifically, a physiatrist and an orthopaedic surgeon.
In Schroeder v. Co-operators General Insurance Company, the Ontario Court of Appeal reaffirms that the limitation clock for underinsurance claims does not start to run until a demand for indemnification is made and goes unsatisfied.
Court of Appeal Upholds $1.5 Million Punitive Damages Award and Full Indemnity Costs in LTD Jury Trial Appeal
