November 3-9, 2024, is National Pain Awareness Week – a week dedicated to drawing attention to chronic pain and the devastating impact it can have on people’s lives. The broader goal is to advocate for early, effective treatment of this condition and promote further education to better understand it. I am astounded by the number of people living with chronic pain in our country. According …
Co-operators Insurance Company v. Bennett, 2024 ONSC 467
Full Decision In Co-operators Insurance Company v. Bennett, 2024 ONSC 467, the applicant, Ms. Bennett, was involved in a car crash. She applied for accident benefits through her auto insurer, Co-operators. Co-operators determined that she suffered a “minor injury” as defined by the Statutory Accident Benefits Schedule (“SABS”) and placed her in the Minor Injury Guideline (“MIG” or “Guideline”). In the MIG, Ms. Bennett’s med/rehab …
Desrochers v. McGinnis, 2024 ONCA 63
The plaintiff, Megan Desrochers, suffered a severe injury when the ATV she was driving left the unpaved road she was on and struck a tree.
At the time, Megan was dating Patrick McGinnis. Patrick’s parents owned a farm near the collision site. Patrick’s father, Grant McGinnis, owned the ATV and kept it at his farm.
Schroeder v. Co-operators General Insurance Company, 2024 ONCA 54 (CanLII)
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.
Kellerman-Bernard v. Unica Insurance Company, 2023 ONSC 4423
n Kellerman-Bernard v. Unica, the Ontario Divisional Court held that a parent who suffered psychological injuries as a result of her son’s bicycle collision was entitled to apply for catastrophic designation
So What Does “Medical And Any Other Reasons” Really Mean?
Full Decision In Varriano v. Allstate Insurance Company of Canada, the Ontario Court of Appeal (ONCA) addressed whether a medical reason must be included in every denial of statutory accident benefits. The applicant, Nunzio Varriano, was injured in a motor vehicle collision in September 2015. He successfully applied to his auto insurer, Allstate, for income replacement benefits (IRBs). He returned to work two months later, …