This action arose from a 2015 rear end motor vehicle collision. Liability was admitted. The issues at trial were threshold and damages. The defendant took the position that the plaintiff sustained minor soft tissue injuries which resolved within six months of the accident and she had returned to most, if not all of her pre-accident activities…
In this recent decision, the Divisional Court overturned a previous Preliminary Issue Decision and Reconsideration Decision of the Licence Appeal Tribunal (“LAT”) that stated that an applicant was statute-barred from adjudicating entitlements to Non-Earner Benefits (“NEB”) due to the two-year limitation period…
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…
In this case, the Divisional Court has weighed in on the applicability of the material contribution test for causation in the context of the Statutory Accident Benefits Schedule…
In this case, the Ontario Superior Court dismissed a summary judgment motion for a novel claim involving a plaintiff who suffered psychological injury upon hearing the aftermath of her daughter’s motor vehicle accident via telephone…
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…
