<Duty to Accommodate> -Given the war in Ukraine, it is critical to consider whether the Ukrainian-Canadian employees have been properly accommodated by their employers with this deadly war in Ukraine. -Some of those employees have their families/parents still in Ukraine. -It is our duty to counsel all clients including Ukrainian-Canadian employees about their potential rights … Read More
<Farber v. Royal Trust Co., 1997 CanLII 387 (SCC)> The employee resigned but is deemed to have been constructively dismissed. When an employer decides unilaterally to make changes to the essential terms of employment contract and an employee does not agree to the changes and leaves his or her job, the employee has been constructively … Read More
<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
<More Testimonials> Julie Shin v. Certas Home & Auto Insurance It was a year-long journey since I have had my case handled by AB Legal Services as a result of my injuries from a motor vehicle accident. It was impressive how the Legal Services has continued to push forward until they recovered Non-Catastrophic compensation at … 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
-Intact Insurance Company’s adjuster changed her mind throughout our Legal Service’s persistent follow-up on s.44 Insurer Examination Reports, and finally, our MVA client’s psychological assessment with psychotherapy treatments were APPROVED/OVERTURNED!
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
The opposing counsel of Jevco Insurance wanted the videoconference hearing, but our Legal Services convinced our MVA client not to proceed with this route as more legal expenses should be incurred and that there is no more merits in her case. We are looking into settlement.
PO Box 15306 Queensway High PO, Toronto ON M8Y 0B4
Phone: 416-996-9953
Fax: 416-391-6062
Email: ariel@legalservices.one
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