In Ontario, the standard no-fault Accident Benefit coverage for Catastrophic injuries (i.e. the most serious injuries) is $1M for all Medical, Rehabilitation and Attendant Care services. That amount is not enough to protect you if you are catastrophically injured. For an extra cost, you can buy an extra $1M of coverage (increasing your coverage to $2M)…
The Divisional Court decision of Aviva v. Suarez is a recent SABS decision that has important ramifications for the public pertaining to the access to injury victims of benefits provided for in the Statutory Accident Benefits Schedule…
In this case, the Applicant sought judicial review of a Licence Appeal Tribunal decision and reconsideration barring him from proceeding with an appeal to the LAT due to his failure to attend insurer examinations for catastrophic impairment. The issue before the Divisional Court was whether the Applicant could proceed to judicial review given he had not exhausted his right to appeal…
The COVID-19 pandemic has triggered a proliferation of motions, generally by plaintiffs, to strike jury notices in personal injury cases so that trials can proceed virtually and on schedule. While decisions on such motions have gone both ways, depending on the facts and location of each case, timely access to justice is a recurring theme in each one. However, a recent decision out of Belleville may prompt a different kind of motion to strike a jury notice, one that targets cost effective access to justice…
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.
