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. …
Summary prepared for OTLA by Corina Bachmann of Bachmann Personal Injury Law Full Decision This case addresses the issue of what is a “reasonable explanation” for submitting the OCF-1 outside the timeline mandated by the Statutory Accident Benefits Schedule (SABS). The applicant, Ms. Buttenham, was involved in a motor vehicle collision on May 29, 2018. She advised her insurer of the collision the following day, …
Full Decision Introduction In September 2024, the Ontario Superior Court of Justice released the motion decision of Ferreira v. Hopper, 2024 ONSC 5385. The decision provides that the Canada Emergency Response Benefit (CERB) and the Canada Recovery Benefit (CRB) received by a plaintiff is to be deducted from their past income loss award pursuant to section 267.8(1)2 of the Insurance Act, R.S.O. 1990, c.I.8. Facts …
Full Decision INTRODUCTION On July 25, 2024, the Ontario Court of Appeal released the decision of Hasan v. Trillium Health Centre (Mississauga), 2024 ONCA 586. This decision provides clear guidance on the proper approach to causation when the defendant’s negligence creates an evidentiary gap. FACTS The respondent, Syed Hasan, suffered from a stroke at the age of 40. He initially went to the emergency department …
Full Decision In Co-operators Insurance Company v. Bennett, 2024 ONSC 467, the applicant, Ms. Bennett, was involved in a car crash. She applied for accident benefits through her auto insurer, Co-operators. Co-operators determined that she suffered a “minor injury” as defined by the Statutory Accident Benefits Schedule (“SABS”) and placed her in the Minor Injury Guideline (“MIG” or “Guideline”). In the MIG, Ms. Bennett’s med/rehab …
Full Decision In the recent case Ali v. Irfan, the Court of Appeal upheld the jury verdict rejecting a loss of competitive advantage claim as a result of injuries sustained in a motor vehicle-bicycle collision. Background The action arose as a result of the plaintiff being struck by the defendant’s vehicle while she was riding her bicycle in Mississauga in 2015. The plaintiff was 29 …