This was an appeal of a decision by FSCO Director’s Delegate David Evans regarding the deductibility of post-collision income from the applicant’s income replacement benefits.
Case Summaries Category Archives
Al-Kaysee v. Noyes
After Mediation the Defence lawyer took out a final Dismissal Order without the authorization of Plaintiff’s counsel and before settlement funds were received. All attempts to contact the Defence lawyer to demand an explanation were ignored.
Cadieux v. Cloutier, 2018 ONCA 903
Apples can now be deducted from oranges. Date Heard May 1-2, 2018 Since the start of no-fault auto insurance benefits in Ontario, tort defendants were entitled to deduct collateral benefits the plaintiff received before the tort trial and obtain an assignment for future no-fault benefits that are the same as the damages awarded. The principle is that an injured plaintiff should not receive double recovery …
Ismail v. Fleming, 2018 ONSC 6615 (CanLII)
A Trial Judge declares a mistrial due to significantly underestimated trial duration.
Aviva Canada Inc. v. Sidhu, 2018 ONSC 6506 (CanLII)
The Divisional Court affirms a declaration that the insurer’s denial of IRBs was defective (18 years later) and therefore the limitation period had not been triggered.
Singh v. Shoppers et al., 2018 ONSC 6879
Post Trial Costs Motion – Plaintiff and Defendant Costs are Set-Off – Mixed Results at Trial