On July 26, 2017, the plaintiff, a lawyer for Legal Aid Ontario, submitted a claim for long-term disability benefits (LTDs) to Sun Life Assurance Company of Canada (Sun Life), alleging total disability as of April 18, 2017, due to left arm and shoulder pain, anxiety, depression and phantom limb pain. On September 26, 2017, the plaintiff received a letter from Sun Life advising her that her claim for LTDs had not been approved as she did not satisfy the definition of “total disability”.
Case Summaries Category Archives
Thanh Du v Economical Insurance Company, 2023 CanLII 116499 (ON LAT)
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.
Majerczyk v. Manalo, 2023 ONSC 3064
This ruling involves a motion brought by the defendant for leave to call more than three experts at trial, and more specifically, a physiatrist and an orthopaedic surgeon.
Desrochers v. McGinnis, 2024 ONCA 63
The plaintiff, Megan Desrochers, suffered a severe injury when the ATV she was driving left the unpaved road she was on and struck a tree.
At the time, Megan was dating Patrick McGinnis. Patrick’s parents owned a farm near the collision site. Patrick’s father, Grant McGinnis, owned the ATV and kept it at his farm.
Ingratta v. McDonald, 2024 ONSC 371 (CanLII)
This is a rare addition to the relatively scant amount of case law regarding simplified procedure. The decision involves a motor vehicle collision claim and contains procedural guidance on the use of joint document briefs, agreements on the use of the documents in said brief, CaseLines and how expert evidence is called at a simplified procedure trial.
Schroeder v. Co-operators General Insurance Company, 2024 ONCA 54 (CanLII)
In Schroeder v. Co-operators General Insurance Company, the Ontario Court of Appeal reaffirms that the limitation clock for underinsurance claims does not start to run until a demand for indemnification is made and goes unsatisfied.