As Ontario begins to re-open additional services and begins to implement stage two and eventually stage three protocols for the COVID-19 pandemic, A serious issue is deliberate spitting and coughing incidents being reported.
The Plaintiff, Carmen Doobay, presented at hospital with, what she alleged, were signs and symptoms of a stroke. She claimed that the treating emergency professionals, a nurse and a physician, failed to recognize those signs and symptoms…
In the recent decision before the Licence Appeal Tribunal (LAT), K.D. v. Aviva Insurance Company, 2020 ONLAT 18-011646/AABS,Vice Chair Farlam clarified some long-held differences of opinion between insureds and insurers – or affirmed the interpretation of unambiguous statutory legislation, depending on whom you ask – regarding the calculation of a weekly base amount for income replacement benefits payable to self-employed motor vehicle accident victims.
The respondent brought a motion to quash the summons and change the format of the LAT hearing. The tribunal denied the motion to quash the summons and ordered the hearing to proceed in-person with attendance of the adjuster to be examined on the claim of Special Award.
The applicant was a Quebec resident involved in a motor vehicle accident in Ontario on March 12, 2017. She was a passenger in the collision and received medical treatment in Ontario.
Court of Appeal sets aside trial decision favouring defendants, orders new trial, and awards costs against defendants for trial and appeal.
