Released July 15, 2015 | CanLII This Divisional Court decision concerns the issue of when interest begins to run on attendant care benefits. The Divisional Court noted that the determination of this issue turned on when the payment of a benefit is “overdue”. The Plaintiff was involved in a motor vehicle collision on December 7, 2001. The Plaintiff retained various occupational therapists and case managers to …
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Dale Cox and Aviva Canada Inc., FSCO A13-012588
Released July 3, 2015 | Full Decision The Applicant was riding his bicycle in Burlington, Ontario, when an unidentified vehicle struck either him or his bike and he fell to the ground. The vehicle did not stop and there were no known witnesses. The Applicant’s bicycle was damaged to the point that he could not ride it home. The damage was seen by his wife and his brother-in-law. …
Scarlett v. Belair Insurance, 2015 ONSC 3635
Released June 5, 2015 | CanLII In this most recent installment in the Scarlett saga, the Divisional Court reviewed the decision of Director’s Delegate Evans from November 28, 2013. That decision had overturned the original Arbitration decision of March 26, 2013. The Director’s Delegate had remitted the matter to be heard in full by a different arbitrator. Mr. Scarlett sought to reinstate the Order of …
Ontario’s Budget Announcement on Auto Insurance: An Avalanche of Attrition Continuing to Crush Victims’ Rights
From the September 2010 overhaul of the Statutory Accident Benefits (SABS) regime to the passing of Bill 15 in November 2014, accident victims’ rights in Ontario are being whittled down. Now with the most recent Budget Announcement, this avalanche of attrition is continuing to cascade.
Insurers get an early present; injured victims get another lump of coal
On Wednesday, December 11, 2013, the government secretly pushed through three changes to the SABS (Ontario Regulation 347/13), all of which will come into force on February 1, 2014. One of those changes is a small amendment to section 35 of the SABS dealing with the election of weekly benefits. However, the other two changes (attendant care benefits and pre-existing medical conditions) are potentially much …
