A recent LAT decision was overturned and the law regarding compliance with the notice requirement under section 44 (for insurers’ examinations) was clarified.
Steven Glowinsky
Steven Arie Glowinsky was called to the Ontario Bar in 2010 and is the Founder and Principal Lawyer at Glowinsky Law in Toronto, ON.
16-001683 v. State Farm Mutual Automobile Insurance Company
The LAT held that the golf cart is not an “automobile” because the subject accident did not take place on a “common and public driveway”. As such, the applicant was prohibited from launching an accident benefits claim.
I.B. v. Aviva Insurance Company of Canada – Tribunal File Number 16 004144 AA85
A recent decision from the LAT has given claimant’s counsel some direction regarding the procedure for appointing a litigation guardian for an incompetent applicant.
Saadati v. Moorhead, 2017 SCC 28
The Supreme Court of Canada held that an expert’s diagnosis of a psychological injury was not required for the Plaintiff to succeed in recovering damages for same.
Kapoor v. Kuzmanovski, 2017 ONSC 1709
The Court is set to consider whether payors of automobile insurance premiums should be excluded from sitting on juries and intervening parties are set to weigh in to assist the Court in making a determination.
Carr v. Modi, 2016 ONSC 7255
PJI Amendment is Not Retroactive and Costs Incurred Pursuing ABs May be Paid by Tort Defendant