Judge holds that, in some circumstances, LTD benefits are deductible from past and future income loss in a medical malpractice claim.
Case Summaries Category Archives
Duncan v Taylor, 2015 ONSC 7186
In this MVA summary judgment motion, the court found that the plaintiff’s conviction of “failure to yield” under the Highway Traffic Act did not resolve the issues of liability in the civil action.
Rivera v. British Columbia Life & Casualty Company, 2015 CarswellOnt 16988
This application addressed the priority of coverage between a Long-Term Disability Carrier and an Accident Benefits Carrier. The Respondent, BC Life & Casualty Company, took the position that it was entitled to deduct Income Replacement Benefits from their calculation of the Applicant’s Long-Term Disability Benefits. The Applicant brought an application for a declaration that this was inappropriate. As per both the Insurance Act and the …
Allstate Insurance Company of Canada v. Klimitz, 2015 ONCA 698
In this decision, the Court of Appeal upheld a Divisional Court’s reasoning regarding limitation periods for applying for FSCO mediation.
Motz et al v. Howard, 2015 ONSC 6464
In this Superior Court decision, the court removed a litigation guardian for a party under disability.
Davis v. Wawanesa Mutual Insurance Company, 2015 ONSC 6624
Summary Judgment Motion – Changes to the attendant care benefit that came into force on February 1, 2014 only apply to accidents on or after February 1, 2014.