We’ve now had a year’s worth of LAT decisions (the first LAT decision was released online in July 2016). This post will examine the LAT decisions published online on CanLII to date (or at least up until June 22, 2017).
It’s Time to Abolish the Pain and Suffering “Cap”
Back in 1978, the Supreme Court of Canada set an upper limit or “cap” on pain and suffering damages in Andrews v. Grand & Toy Alberta Ltd. J.A. Andrews was only 21 when he was rendered quadriplegic from a motor vehicle collision. The Court wrote that “It is difficult to conceive of a person of his age losing more than Andrews has lost.” He was ultimately awarded $100,000 …
Troubling Trends in LAT Costs Awards
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.
9 Months of LAT: Statistical Analysis of Decisions to Date
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).
7 Perfect Gifts for Lawyers
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.
Total Disability: Not So Total After All!
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.