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…
MVC Tag Archives
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…
Thiruchelvam v. RBC General Insurance Company, 2022 ONSC 554
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…
Labrosse v. Jones et al., 2021 ONSC 8031
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…
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…
Meade v. Hussein, 2021 ONSC 7850 (CanLII)
In this case, the defendant moved for an order excluding all evidence referring to a brain SPECT scan (“single-photon emission computed tomography”) undergone by the plaintiff in order to detect brain injury. The plaintiff opposed the motion…
