-Andros v. Colliers Macaulay Nicolls Inc., 2019 ONCA 679

<Andros v. Colliers Macaulay Nicolls Inc., 2019 ONCA 679> The appellate judge agreed with the trial judge’s decision and the former employer’s appeal dismissed. <The trial judge’s decisions> 1. Upon termination, the respondent/former employee would be entitled to both benefits and severance under the ESA. 2. Termination clause unenforceable as it was unclear about severance … Read More

<A Tort Analysis> -How is the degree of fault determined for a tort analysis? -Intact Insurance that paid my MVA client should seek compensation from the other party’s insurer (Aviva Insurance) if the fault is determined clearly under the loss transfer provisions of the Insurance Act, R.S.O. 1990, c. I.8. <Rule 3 of the Fault … Read More

<Motor Vehicle Accident Case> -One of the MVA client was driving his motorcycle southbound in the curb lane, approaching an intersection. -The other party was driving his car in the northbound passing lane, and made a left turn at the intersection. -The MVA client swerved to avoid the other driver, lost control of his motorcycle, … Read More

<Preliminary Issue Decision in the Tribunal Hearing> -There was a following preliminary issue decision in the Tribunal hearing earlier today:. – Was the Aviva Insurance Company’s Notice of Denial to pay accident benefits containing straightforward and clear language enough to trigger a 2-year limitation under the SABS? – The answer was “No.” The adjudicator was … Read More

Calculation of Income Replacement Benefits

Calculation of Income Replacement Benefits for claimant involved in a motor vehicle accident in August 2020 What is required? 1. Client’s filed income taxes for 2019 and 2020 2. Calculation of IRBs under s. 7(2) of the SABS 3. Post-accident bank deposit Under s. 7(2) of the SABS, Income Replacement Benefits were calculated as follows: … Read More

Attendant Care Benefits approval

Recently, the Certas Home & Auto Insurance Company requested a new Form 1 for its determining our client’s attendant care benefits under the SABS. The Form 1 was submitted by our occupational therapist recommending a total of $2.5K in assistance. Form-1 included feeding, medication management, and most significantly, 22 hours a day for supervision due … Read More