The applicant, Vinh Thanh Du, was injured in an automobile collision on February 14, 2020. He sought benefits from his car insurer, Economical Insurance. Economical denied treatment plans for physiotherapy and massage therapy on the basis that the applicant’s injuries fall within the Minor Injury Guideline (“MIG”). A claimant is confined to the MIG if they sustain primarily minor injuries in the subject accident.
Pridmore v. Drenth, 2023 ONCA 606 (CanLII)
The plaintiff, Breanne Pridmore, was severely injured riding as a passenger on an all-terrain vehicle (“ATV”) driven by her friend, Tyler Drenth, in March 2014. They were riding along the shoulder of Bird Road, a rural highway road, when she was thrown from the ATV. She suffered complete paraplegia.
Vasudevan v Economical Insurance Company, 2023 CanLII 81820 (ON LAT)
The applicant, Vanessa Vasudevan, was injured in a motor vehicle collision on February 20, 2017. She was 15 years old at the time.
The applicant applied to her automobile insurer, Economical Insurance, for accident benefits. She applied to the Licence Appeal Tribunal (the “LAT”) when a number of treatment plans and her claim for Non-Earner Benefits (“NEBs”) were denied.
Nichols v. Gore Mutual Insurance Company, 2023 CanLII 7299 (ON LAT)
The LAT reversed its decision which would have barred the applicant from proceeding with a claim for benefits.
Keesmaat Homes v. Vandenhengel, 2022 ONSC 5999
In a recent costs decision on a construction law case, Justice Broad considered the principle of proportionality in mixed-success simplified procedure cases.
Stevenhaagen Estate v. Kingston General Hospital, 2022 ONCA 560
In this medical malpractice appeal, the ONCA upheld a trial judge’s decision of joint liability where the physician “supported” the negligent decision of the main doctor.