December 7, 2017

Daniel Macdonald   Here were go again!  More promises to fix the Ontario auto insurance system.  On December 5th, the Ontario government announced their “Fair Auto Insurance Plan”.  The government says this plan will make auto insurance more affordable, and protect injury victims.   The Fair Auto Insurance Plan is based at least in part […]

July 15, 2016

Galloway v Echelon General Insurance, FSCO A13-006130 Dan Hynes Background The applicant, Mrs. Galloway and her common law husband were passionate motorcycle enthusiasts. They live in a small town outside of Ottawa, and during winter months would stay at their second home in Arizona, where they could focus on riding. On March 18, 2010, Mrs. Galloway […]

July 8, 2016

Lauesen v. Silverman, 2016 ONCA 327, Feldman, Lauwers and Benotto JJ.A.   Daniel Macdonald Donald Rumsfeld, the former US Secretary of State, stated in a 2002 Defence Department briefing: There are known knowns; there are things that we know that we know.  We also know there are known unknowns; that is to say, there are […]

April 22, 2016

T.C. v. Personal Insurance Company of Canada, (FSCO A13-009880), Arbitrator Fadel Daniel Macdonald The issue in this case is whether attendant care benefits given to the applicant by her injured son constituted post-accident income, and thus could be deducted from income replacement benefits the applicant was receiving. The applicant, T.C., suffered psychological injuries as a result of […]

March 4, 2016

Falcon v State Farm Mutual Automobile Insurance Company, FSCO A14-000269, Arbitrator Anne Morris   Kasia Kosacka MVC May 11, 2008. The issue was whether or not the applicant’s claim for income replacement benefits (“IRBs”) was statute barred pursuant to s. 281.1 of the Insurance Act, and s.51 of the Schedule. The applicant, Mr. Falcon, received […]

February 25, 2016

Bonaccorso v. Optimum Insurance Company,  [2016] O.N.C.A. 34   Sue Noorloos Bonaccorso, the Plaintiff, made a claim for income replacement benefits (IRB’s) which was dismissed on a summary judgment motion. She unsuccessfully appealed the decision to the Court of Appeal. Background The Plaintiff received IRB’s after a collision then returned to work full time on […]

February 4, 2016

Roberts v Intact Insurance Company, (FSCO A14-002957), Arbitrator Musson   Daniel Macdonald Malaya Roberts was catastrophically injured when she jumped from the tailgate of a pick-up truck into a shallow lake. This misadventure left her a quadriplegic. She sought accident benefits from the truck owner’s insurer, Intact Insurance Company (“Intact”), who disputed whether the incident […]

January 26, 2016

Quadri v Aviva Canada Inc., FSCO A13-000527, Arbitrator Charles Matheson   Kasia Kosacka MVC November 16, 2010. Aviva Canada Inc. (“Aviva”) terminated Ms. Quadri’s Income Replacement Benefits (“IRBs”) on August 5, 2011. The issues in dispute at the Preliminary Issue Hearing were whether Ms. Quadri could add IRBs to her Application for Arbitration, and whether […]

January 12, 2016

  Laura Camarra An Ontario resident (Forsythe) was in a car crash in BC. The other driver (Westfall) was from Alberta. Where is the appropriate place to sue? The Ontario resident wanted to sue in Ontario, citing the fact her contract of car insurance was entered into in Ontario and the fact she would be […]

December 4, 2015

Daniel Macdonald This year has already seen a number of amendments made to the Statutory Accident Benefits Schedule. It now appears that even more changes are on the horizon. This summer the Financial Services Commission distributed for consultation new draft guidelines called the Common Traffic Impairment (CTI) Guidelines[1]. The CTI Guidelines are directed toward “minor […]

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