<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.
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
By Hardika Singh Follow and Will Horner Updated March 1, 2022 5:31 pm ET Bitcoin, gold rise; Treasury yields fall with safe-harbor assets in demand U.S. stock indexes fell and bond yields slipped Tuesday while oil prices rose to multiyear highs, as Russia’s invasion of Ukraine continued to whipsaw through markets. Stock markets have been battered in 2022, with the S&P 500 … Read More
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
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