Full Decision At approximately 4:30 am on June 29, 2023, Wilfred Poisson and his partner were asleep in their home when a pick-up truck crashed into the first floor of their home. The impact triggered the smoke detectors, which activated flashing strobe lights and a voice alarm repeatedly calling out “Fire, Fire, Fire.” Mr. Poisson was jolted awake in a state of panic, got dressed …

Full Decision Background The Ontario Court of Appeal dismissed an appeal of an Occupiers’ Liability case. The underlying action arose when the plaintiff, Janet Pederson, slipped at the top of a wooden staircase and suffered personal injuries. Liability was hotly contested between the parties. Pederson alleged that the stairs were dangerously slippery due to the application of cleaning products, while the defendants, the Forgets, denied …

Full Decision Background The applicant was involved in a motor vehicle collision on November 15, 2022 and sought accident benefits from Onlia Insurance Company, pursuant to the Statutory Accident Benefits Schedule (SABS). Following her application for benefits, Onlia placed the applicant in the Minor Injury Guideline (MIG) and denied attendant care and various treatment plans based on same. The applicant applied to the License Appeal …

Full Decision Background In Warren v. Canaccord Genuity Corp., which was a wrongful dismissal action, the Ontario Superior Court of Justice awarded the plaintiff more than $2.5 million in damages. Significantly, the court awarded the plaintiff damages for his bonus over his notice period of 21 months using the “comparator approach” rather than the average of his bonuses over the last three years of his employment. …

Full Decision The recent decision in Ranjan from the Licence Appeal Tribunal (LAT) is not only a victory for the applicant but also demonstrates that an insured can be found catastrophically impaired (CAT) when they suffer from psychological injuries and not just physical injuries. The applicant was in a motor vehicle collision on December 31, 2021, and sought benefits pursuant to the Statutory Accident Benefits …

Full Decision LAT Rules Social Worker Entitled to Higher Hourly Rate for CBT Services A recent decision from the Licence Appeal Tribunal (LAT) reminds insurers that dismissing a treatment provider’s qualifications without reviewing the full clinical record can be a costly oversight. Background Christine De Angelis was injured in a motor vehicle collision on May 12, 2022. Her treating provider, Elizabeth Waisberg — a social …