Statutory Accident Benefits (“accident benefits”) are available to those who are injured as a result of the “use or operation of a motor vehicle”. This includes passengers, drivers, cyclists, or those who are injured by motor vehicles as pedestrians.
automobile insurance Tag Archives
Lee v. Castro et al., 2020 ONSC 1257
The decision of Lee v. Castro et al. serves as an important reminder on the strict application of limitation periods, particularly when it comes to the discoverability doctrine.
17-000835 v. Aviva General Insurance Canada, 2018 CanLII 83520 (ON LAT)
After exhausting the $3,500 monetary limit available under the Minor Injury Guidelines, Aviva denied his claims for further treatment, arguing that the chronic pain that the Applicant developed does not entitle him to any additional benefits beyond the MIG limits.
McGowan v Green, 2020 ONSC 686
The Defendant brought a motion to compel the Plaintiff to undergo a neuropsychology medical-legal examination in Mississauga. The Plaintiff resided in Ottawa, and objected to the required travel to attend this examination.
Bosnali v. Michaud, 2020 ONCA 7
A recent decision of the Ontario Court of Appeal on the issue of whether or not the Plaintiff’s lawyers were entitled to a “charging order” over the Plaintiff’s damages and costs following a trial where the Plaintiff did not beat a rule 49 offer from the Defendants.
Brophy v. Harrison, 2019 ONSC 4377
Throughout the course of the litigation, the Defendants did not make any offers to settle. There was not even an offer for a dismissal without costs.