New Ontario law will allow only 60 days for possible slip and fall claim – from CTV News

Published Wednesday, January 13, 2021 6:13PM TORONTO — Every year thousands of Canadians are hurt after slipping on icy stairs, steps and sidewalks. Now if it happens in Ontario you’ll have a lot less time to sue for damages. If you have a bad fall on ice and want to file an insurance claim you … Read More

When a plaintiff wants to resile from a settlement, what evidence does the court require?

Milos v. Zagas 1998 CanLII 7119 (ON CA), Sher v. Paletta, 1996 CanLII 286 (ON CA); Vanderkop v Manufacturers Life Insurance Company, 2005 CanLII 39686 (ON SC)] -The plaintiff executed her settlement documents of her claims against the defendants Sun Life and TD Insurance in respect of her entitlement to LTD benefits and tort damages. … Read More

New Jersey man caught faking ice cube ‘slip-and-fall’ for insurance money – from Fox News

Published January 31, 2019 A New Jersey man has been caught on surveillance video faking a fall, bogus injuries, for which prosecutors said he filed an insurance claim. Alexander Goldinsky, 57, filed a claim between Sept. 1 and Nov. 1 alleging he was injured after he slipped and fell at a business in Woodbridge Township, the Middlesex County Prosecutor’s … Read More

Slipped and fell at a gas station? What is the two-part test applied by the court for determining whether this incident is an “accident” under s. 3(1) of the SABS?

S.B. v. Aviva Insurance Company of Canada, 2019 CanLII63363 Chisholm v. Liberty Mutual Group, 2002 CanLII 45020 (ONCA) Greenhalgh v. ING Halifax Insurance Co., 2004 CanLII 21045 (ONCA) The first part of the test, the purpose test, requires a determination of whether the incident resulted from an ordinary and well-known activity to which automobiles are … Read More

What is the test to determine entitlement to payment for a Catastrophic Impairment Assessment?

16-002858 v State Farm Insurance Company, 2017 CanLII 85692 C.A. vs. Intact Insurance Company, 2018 ONLAT 18-000579/AABS Each constituent assessment that makes up the multidisciplinary catastrophic impairment determination assessment must be reasonable and necessary. The correct test for entitlement to a catastrophic impairment determination assessment is reasonable and necessary. The onus is on the claimant … Read More

Two statutory tests for entitlement to the Income Replacement Benefits

16-000082 v Echelon General Insurance Company, 2016 CanLII 82874 The first test is applicable for the period from one week after the date of the accident until the second anniversary. The claimant is entitled to be paid an IRB if he suffered a substantial inability to perform the essential tasks of his pre-accident employment. After … Read More

Rule 9(4) of the Fault Determination Rules(R.R.O. 1990, REGULATION 668) of Insurance Act

If only automobile “C” is in motion when the incident occurs, (a)   in the collision between automobiles “A” and “B”, neither driver is at fault for the incident; and (b)   in the collision between automobiles “B” and “C”, the driver of automobile “B” is not at fault and the driver of automobile “C” is 100 … Read More