Full Decision On April 19, 2021, the applicant, a self-employed bicycle delivery person, was involved in a motor vehicle collision. As a result, the applicant required surgery for physical injuries and qualified for post-104-week income replacement benefits. His non-catastrophic medical rehabilitation/attendant care limits were eventually exhausted. A preliminary issue arose as to whether the applicant’s roommate could testify. The witness statement was late served – …
Luluquisin v. Aviva Insurance Co. of Canada, 2024 ONSC 5369 (CanLII)
Full Decision This was an appeal to the Divisional Court from the Licence Appeal Tribunal (LAT) and reconsideration decision of Vice-Chair Farlam. Several grounds of appeal were raised but the court found it unnecessary to address all grounds. Instead, it focused on the substantive issue of attendant care issue and found the Vice-Chair erred in law by applying the wrong test and making conclusory statements. …
Abou-Gabal v. Economical Insurance Company, 2024 CanLII 77423 (ON LAT)
Full Decision APPLICANT FOUND CATASTROPHICALLY IMPAIRED DESPITE COMPLEX PRIOR MEDICAL HISTORY – COLLISION NECESSARY CAUSE OF EXTREME IMPAIRMENT This LAT hearing arose from a motor vehicle collision (MVC) that took place in July 2018. It involved a preliminary issue on whether the applicant was barred from seeking catastrophic (CAT) impairment due to failure to attend a s. 44 insurer examination (IE) as required under s. …
Yatar v. TD Insurance Meloche Monnex, 2024 SCC 8
This case stemmed from a motor vehicle collision in 2010. Three denial letters with respect to Income Replacement Benefits (IRBs) and housekeeping benefits were sent to the insured throughout 2011 but no dispute resolution forms were attached to the last two denials. As part of the FSCO process, the insured applied for mediation which concluded by January 2014 giving the insured an extension of 90 days following the mediator’s report.
Coban v. Allstate Insurance, 2023 CanLII 40118 (ON LAT)
The applicant was involved in a motor vehicle collision on October 6, 2018. He was deemed catastrophically impaired due to being rendered a paraplegic as a result of the collision.
Shahin (21-002418) v. Intact, 2023 CanLII 13155
Insured not catastrophically impaired due to pre-existing mental health issues