On June 15, 2021, the Divisional Court released its long-awaited decision on three appeals, which all related to whether the Licence Appeal Tribunal (LAT) has the jurisdiction to extend the two year limitation period for disputing accident benefits claims under the Statutory Accident Benefits Schedule. The LAT had been releasing inconsistent decisions as to whether it had this jurisdiction, and clarity was required from the appeal court…
SABS Tag Archives
Aviva Insurance Company of Canada v. J.A., 2021 ONSC 3185 (Div. Ct.)
In this case, the Respondent, J.A. was injured in a motor vehicle accident in February 2005. He applied for accident benefits through his insurer, Aviva. In 2015, around the time when his medical rehabilitation benefits were expiring, he applied for catastrophic impairment determination. Although Aviva found there was insufficient medical documentation, it nonetheless conducted its CAT assessments which later found he was not catastrophically impaired…
K.K. vs. Aviva General Insurance, 2020 ONLAT 18-012611/AABS
In this case, the insurer was ordered to pay special award for unreasonably held or delayed payment of IRBs after ignoring severity of psychological impairments and reports of its own assessors…
N.P. v Western Assurance Company, 2020 ONLAT 19-011629/AABS & 19-012841/AABS
In this case, the Respondent insurer, Western Assurance Company, denied a treatment and assessment plan for an in-home re-assessment of attendant care benefits and housekeeping benefits. The Adjudicator found in favour of the Applicant…
P.H. vs. Aviva Insurance Company of Canada, 2020 ONLAT 18-010205/AABS
In this case, the Licence Appeal Tribunal decided in favour of the Applicant, who was injured when she fell through a gap in between her house and her backyard patio after the ladder had been detached as a result of a motor vehicle that struck it moments before her fall.
Mundinger v. Ashton, 2020 ONSC 2024
This case serves as an important reminder of the real (and potentially substantial) costs consequences for Plaintiffs, even when they are covered by adverse costs insurance policies.
