There is no common law duty on a group disability insurer to inform an insured of each potential claim for benefits.
claim Tag Archives
Baradaran v. Alexanian 2016 ONCA 533
The Court of Appeal confirmed that it is inappropriate to treat a motion to strike portions of a Statement of Claim as a summary judgment motion by examining evidence on the merits of the action.
Diagnosis Denied: “Systemic Disregard” for Medical Assessments of Injured Workers
In November 2015, the Ontario Federation of Labour (“OFL”) and the Ontario Network of Injured Workers’ Groups released Prescription Over-Ruled, a report criticising how the Workplace Safety and Insurance Board (“WSIB”) evaluates medical evidence when it processes claims. The OFL is Canada’s largest provincial labour federation and represents roughly one million workers. Their report alleges that the WSIB ignores medical evidence and opinions when it …
Cassidy v. Belleville (Police Service), 2015 ONCA 794
Waiting for an investigation to be completed does not extend the limitation period
Bustamante v. The Guarantee Company of North America, 2015 ONCA 530 (CanLII)
Released July 13, 2015 | CanLII This is an appeal by the Plaintiff from the judgment of Ramsay J., granting summary judgment and dismissing the Plaintiff’s claim for non-earner benefits (“NEBs”) as time-barred. At the time of the accident on June 3, 2004, the Plaintiff was a hairdresser. She elected income replacement benefits (“IRBs”), although her disability certificate indicated that she was entitled to both IRBs …
Discovering a Claim of Medical Negligence
An injured party and their family have a time limit within which to bring a lawsuit to get someone like Lawsuit Legal to recover damages or losses relating to an injury. The time limit for doing so in the Province of Ontario is usually 2 years from when the claim was discovered or reasonably discoverable (the “limitation period”). Many assume that claims are discovered (and …
