The court outlines the legal test that must be met before counsel can obtain disclosure of the communications between counsel and their experts.
Case Summaries Category Archives
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.
Burnham v. Co-operators General Insurance Company, 2023 ONCA 384
This case examines the Ontario Automobile Policy pertaining to passengers in a stolen vehicle.
So What Does “Medical And Any Other Reasons” Really Mean?
Full Decision In Varriano v. Allstate Insurance Company of Canada, the Ontario Court of Appeal (ONCA) addressed whether a medical reason must be included in every denial of statutory accident benefits. The applicant, Nunzio Varriano, was injured in a motor vehicle collision in September 2015. He successfully applied to his auto insurer, Allstate, for income replacement benefits (IRBs). He returned to work two months later, …
Shahin (21-002418) v. Intact, 2023 CanLII 13155
Insured not catastrophically impaired due to pre-existing mental health issues
McKee v. Hicks, 2023 BCCA 109 Part 2
In Part I of my reporting on this case, which can be found here, I looked at the court’s decision regarding the award of damages for loss of future earning capacity. The same decision also addressed the circumstances of when an award of damages for loss of housekeeping capacity should be awarded and how.