This was a 15-day jury trial in Windsor, Ontario. Lawyers for the plaintiff were Joanna Sweet and Laura Nicola of Greg Monforton and Partners. Lawyers for the defendants were Nicole Rogers and Carolyn McKeen of Aviva Trial Lawyers. The plaintiff was a 44-year-old contractor and property manager who was injured in a motorcycle collision in August, 2019. At the time of trial, he was 51-years-old. The plaintiff …
A refusal to pay a benefit that stems from a period of non-compliance pursuant to section 33 of the SABS can trigger a section 56 limitation period.
This was a motorcycle vs. recycling truck collision where the parties agreed that the Plaintiff motorcyclist’s damages were $8 million. The Plaintiff appealed the jury’s verdict that he was 100% liable for the collision.
If an insurer fails to comply with the notice requirements at section 38(8) of the SABS, the relief in section 38(11) is mandatory and the insurer is prohibited from making a MIG determination on the applicant’s claim.