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…
SABS Tag Archives
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…
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…
Foster v. Aviva Gen. Ins. Co., 2021 CanLII 117413 (ON LAT)
Recently, in the Reconsideration Decision of Foster v. Aviva, Vice-Chair Boyce of the LAT tackled the issue of whether the CRB and CERB are deductible from IRBs…
Podlovics v. Aviva General Insurance, 2021 CanLII 96943 (ON LAT)
This hearing before the Licence Appeal Tribunal dealt primarily with the issue of whether the Applicant’s injuries were predominantly minor within the meaning of the SABS. The Applicant submitted a number of medical and rehabilitation treatment plans above the $3,500.00 available under the MIG for claimants with predominantly minor injuries…
Aviva Insurance Company of Canada v. Danay Suarez, 2021 ONSC 6200
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…