In this case, the plaintiffs brought a motion seeking leave of the court to strike the defendants’ jury notice. This action arises out of a motor vehicle accident that occurred on January 14, 2015. The action was set down for trial in September 2018.
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Aviva Insurance Company of Canada v. J.A., 2021 ONSC 3185 (Div. Ct.)
In this case, the Respondent, J.A. was injured in a motor vehicle accident in February 2005. He applied for accident benefits through his insurer, Aviva. In 2015, around the time when his medical rehabilitation benefits were expiring, he applied for catastrophic impairment determination. Although Aviva found there was insufficient medical documentation, it nonetheless conducted its CAT assessments which later found he was not catastrophically impaired…
Construction Zone Accidents
In Canada, spring weather inevitably brings construction season along with it. Road construction dominates the streets in the warmer months. For drivers, this can cause complications beyond annoyance. Thousands of motor vehicle accidents each year occur in construction zones.
Johnson v. Brielmayer, 2021 ONSC 1245 (CanLII)
In this case, the plaintiff was successful in striking the defendant’s jury notice. This was the first decision out of the Toronto Region where a plaintiff was successful in striking the defendant’s jury notice…
A.K. v. Allstate Insurance, 2020 CanLII 14418 (ON LAT)
In this case, the Applicant was the seat-belted driver of a vehicle that struck a median, spun out of control, struck another vehicle and came to rest after hitting the guardrail in July, 2010. The Applicant submitted an application for catastrophic determination, which was denied by the insurer…
Z.K. v. Allstate Insurance Company Canada, 2020 CanLII 106429 (ON LAT)
In this case that went before the Licence Appeal Tribunal (“LAT”) following a seven-day hearing held in-person over the months of October and December 2019, the LAT determined that the Applicant had sustained a Catastrophic Impairment as a result of his motor vehicle accident of June 6, 2014…
