Heath v. Economical Mutual Insurance Company, 2009 ONCA 391 (“Heath”) provides the framework for the Non-Earner Benefits analysis into whether the claimant (involved in MVA) suffers a complete inability to carry on a normal life. To meet the test for Non-Earner Benefits, the claimants must be continuously prevented from engaging in substantially all of their … Read More
Defense counsel that represented the Intact Insurance for the applicant’s claim for accident benefits is not supposed to represent the same insurer to defend the Tort claim against the defendant. The remedy to resolve the above potential conflicts of interest: Plaintiff can file a motion to the ONSJ removing the same defense counsel from representing … Read More
Approved for specific area examination, panoramic radiograph, surgical removal of tooth #44, general anaesthesia and intravenous drug injection for a total amount of $2K. The applicable test in convincing the Aviva was the “but for” test: whether the client would have had his dental issue but for the accident. We successfully proved on a balance … Read More
Mateluna v. Scottish & York, 2022 ONLAT 20-001965/AABS The applicant should discharge her evidentiary onus in establishing that she is entitled to treatment outside the Minor Injury Guideline. If s.25 Psychological Report diagnoses the applicant with adjustment disorder and specific phobia, the report is supposed to be linked to any objective medical evidence provided by … Read More
-McKay v Travelers 2022 CanLII 6748 The applicant has the onus of proving on a balance of probabilities that he is completely unable to engage in any employment for which he is reasonably suited by education, training, or experience. To be eligible to receive IRBs 104 weeks post-accident, s. 6(2)(b) of the SABS requires that … Read More
-By Fred Schulte AUGUST 9, 2021 -Cristina Martinez’s spinal operation in Houston was expected to be routine. But after destabilizing her spine, the surgeon discovered the implant he was ready to put in her back was larger than he wanted to use — and the device company’s sales rep didn’t have a smaller size on hand, … Read More
–18-005114 v Allstate Insurance Company, 2018 CanLII 143515 (ON LAT) –A.F. v. North Blenheim Mutual Insurance Company, 2017 CanLII 87546 (ON LAT) (“Blenheim”) –Manuel v. Registrar, Motor Vehicle Dealers Act, 2002, 2012 ONSC 1492 (Ont. S.C.) -The Tribunal held a case conference on October 16, 2018. At the case conference, Adjudicator Ferguson ordered that the … Read More
-RECONSIDERATION DECISION –> R.K. v. Aviva Insurance Canada, 2020 CanLII 94744 (ON LAT) -The incurred hours must be paid accordance with the mandatory Guideline rates and Form 1. Thus, for the reasons above, the Adjudicator granted Aviva’s request for reconsideration. <Overview> Aviva seeks reconsideration of the Licence Appeal Tribunal’s (the “Tribunal”) June29, 2018 Order issued … Read More
Investors had accused PwC of negligence in auditing Madoff feeder fund By Jacqueline Palank Follow Jan. 7, 2016 4:55 pm ET PricewaterhouseCoopers agreed to pay $55 million to settle a class-action lawsuit accusing it of misleading investors in feeder funds that funneled their cash to Bernard Madoff. The cash deal, filed Wednesday in a Manhattan federal court, … Read More
By Billy Corriher July 22, 2021 “Dr. Death,” a new drama on NBC’s Peacock that was inspired by a true story, offers a disturbing look at the life of an incompetent Texas neurosurgeon named Dr. Christopher Duntsch, played by Joshua Jackson, and the patients he maimed. Based on the first season of a popular Wondery podcast … Read More
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