IRB Tag Archives

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…

K.Y. v. Aviva Insurance Company, 2022 ONLAT 19-001720/AABS

Following a 6-day video-conference hearing, Adjudicator Lake ruled that the Applicant was entitled to payment of income replacement benefits in the amount of $400.00 per week from July 17, 2019 to date and ongoing, plus interest in accordance with s. 51 of the SABS…

Foster v. Aviva Gen. Ins. Co., 2021 CanLII 117413 (ON LAT)

Recently, in the Reconsideration Decision of Foster v. Aviva, Vice-Chair Boyce of the LAT tackled the issue of whether the CRB and CERB are deductible from IRBs…