Full Decision This case involves a dispute between the plaintiff and her insurer over the payment of Income Replacement Benefits (“IRBs”) beyond the first two years following the collision. The plaintiff was injured in a motor vehicle collision (“MVC”) on November 18, 2018. At the time of the collision, she was working at Mohawk College as a part-time professor teaching recreation therapy 1-6 hours per …
IRB Tag Archives
Yatar v. TD Insurance Meloche Monnex, 2024 SCC 8
This case stemmed from a motor vehicle collision in 2010. Three denial letters with respect to Income Replacement Benefits (IRBs) and housekeeping benefits were sent to the insured throughout 2011 but no dispute resolution forms were attached to the last two denials. As part of the FSCO process, the insured applied for mediation which concluded by January 2014 giving the insured an extension of 90 days following the mediator’s report.
Security National Insurance Co v. Thomas, 2024 CanLII 2673 (ON LAT)
In Security National Insurance Co v. Thomas, the insurer paid income replacement benefits to the insured, Aklilu Thomas, following a collision that occurred on June 1, 2018. Partial repayment of benefits was subsequently sought by the insurer and the dispute went to the Licence Appeal Tribunal (the “LAT”).
Varriano v. Allstate Insurance Company of Canada, 2023 ONCA 78
The plaintiff was injured in a car accident on September 30, 2015. He applied for accident benefits and received income replacement benefits (IRBs) until Dec 2, 2015 when he returned to work full time.
What is an Examination for Discovery?
If you have suffered a personal injury through a fall, car crash or otherwise due to the negligence of someone else, you can hire a personal injury lawyer to recover money. In Ontario, your lawyer will begin an action using a ‘Statement of Claim’. Once the person you are suing has retained a lawyer – one of the first things they will want to do is learn about your claim. The most common forum for learning about your claim is called examination for discovery…
Carter v. AVIVA Insurance Company of Canada, 2021 ONLAT 19-012446/AABS-M
In this case, the Plaintiff was injured in a motor vehicle collision on August 16, 2018. He applied to AVIVA for Statutory Accident Benefits including income replacement benefits. AVIVA denied IRB’s in April of 2019 after the Plaintiff completed a multidisciplinary suite of insurer examinations required by AVIVA…