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.
personal injury Tag Archives
Rufai v. Unifund, 2020, 18-012427/AABS
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.
Lanthier-Grenier v. Intact Insurance Company
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.
Girao v. Cunningham, 2020 ONCA 260
Court of Appeal sets aside trial decision favouring defendants, orders new trial, and awards costs against defendants for trial and appeal.
Guide to Automobile Accident Benefits Forms
Statutory Accident Benefits (“accident benefits”) are available to those who are injured as a result of the “use or operation of a motor vehicle”. This includes passengers, drivers, cyclists, or those who are injured by motor vehicles as pedestrians.
Applicant v. Co-operators 2020 CanLII 30387
Further clarity about limitation periods in CAT cases….
Limitation period starts to run not from the date of CAT designation, but from the date benefits claimed for, based on that designation, are denied.
