<Mikolic v. Tanguay 2016 ONSC 71> -This case represents no double recovery is allowed in the motor vehicle tort awards. -S.267.8 of the Insurance Act was enacted for the purpose of eliminating double recovery in the tort recovery. -The trial judge declined to deduct the statutory accident benefits settlement amount accepted by the plaintiff for … Read More
– Thomas J. Henry(Lawyer from Austin, Texas) has filed a $1 million lawsuit representing Austin victims against Travis Scott, Live Nation and NRG Stadium. This lawsuit was followed by the deadly Astroworld music festival back on Nov. 5, 2021. -It was claimed that the victims were “knocked” to the ground and “trampled” during a crowd … Read More
Camarata, Personally and as Executor and Trustee of the Estate of Camarata, Deceased, et al. v. Morgan et al. (Court of Appeal for Ontario, Doherty, Weiler and MacFarland JJ.A. January 19, 2009) – The deceased sustained serious injuries when he was struck by a fire truck, and died several months later. -The deceased’s estate commenced … Read More
-Under section 26(1) of the the said Regulation, an insurance company shall pay a death benefit. -Under s. 27(1) an insurance company shall pay a funeral benefit for the insured who dies as a result of the accident. However, the time limits and monetary restrictions apply. -S. 43(1) states that if a claimant is entitled to a death benefit and a funeral benefit, the insurance … Read More
<The Canada Pension Plan (CPP) death benefit> -It is a one-time payment, payable to the estate or other eligible individuals, on behalf of a deceased CPP contributor. -The amount of the death benefit is a single payment of $2,500 for which you need to apply as soon as possible after the contributor’s death. -In order to qualify … Read More
The claimant was earning the annual income of $150,000.00 during the last fiscal year before the subject motor vehicle accident. $150,000.00 (gross employment income –> a self-employed person may designate his gross employment income from the last fiscal year of the business that ended before the accident as his “gross annual employment income.”) – … Read More
FSRA was established to replace the Financial Services Commission of Ontario (FSCO) and regulates the following sectors: Property and casualty insurance Life and health insurance Credit unions and caisses populaires Loan and trust companies Mortgage brokers Health services providers (related to auto insurance) Pension plan administrators Financial planners and advisors (proposed) 2. Regulations by the … Read More
Ontario Regulation 381/03 states comprehensive definitions and procedures that must be followed for determining whether or not the plaintiff’s threshold has been met. “Permanent serious impairment of an important physical, mental or psychological function” means impairment of a person that meets the criteria set out in section 4.2. 4.2 (1) A person suffers from … Read More
S. 267.5 (5) of the Insurance Act protects the defendants from their liability for the plaintiff’s pain and suffering in the motor vehicle Tort action. In order for the plaintiff to be entitled to recover his general damages for his pain and suffering, he must satisfy the court that he has sustained “permanent serious impairment … Read More
Hutton v. The Manufacturers Life Insurance Company, 2019 ONSC 279 – The plaintiff, Ms. Hutton has sued the defendant Manufacturers Life Insurance Company for denial of Long Term Disability Benefits (LTD) under an insurance policy issued by the defendant contracted by the plaintiff’s employer, Quinte Health Care (“QHC”). However, the plaintiff was bound by the … Read More
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