Ontario Regulation 381/03 states comprehensive definitions and procedures that must be followed for determining whether or not the plaintiff’s threshold has been met. “Permanent serious impairment of an important physical, mental or psychological function” means impairment of a person that meets the criteria set out in section 4.2. 4.2 (1) A person suffers from … Read More
S. 267.5 (5) of the Insurance Act protects the defendants from their liability for the plaintiff’s pain and suffering in the motor vehicle Tort action. In order for the plaintiff to be entitled to recover his general damages for his pain and suffering, he must satisfy the court that he has sustained “permanent serious impairment … Read More
Hutton v. The Manufacturers Life Insurance Company, 2019 ONSC 279 – The plaintiff, Ms. Hutton has sued the defendant Manufacturers Life Insurance Company for denial of Long Term Disability Benefits (LTD) under an insurance policy issued by the defendant contracted by the plaintiff’s employer, Quinte Health Care (“QHC”). However, the plaintiff was bound by the … Read More
1. The claimant parked her Canada Post vehicle and was standing on the sidewalk taking something out of the vehicle, when she was suddenly struck in the head by an unidentified cyclist travelling on the sidewalk. She lost consciousness immediately. –>Yes, you can. As per 17-006380 v Liberty Insurance, 2018 CanLII 97835 (ON LAT), the … Read More
While your disability benefits insurance companies are to pay your short-term and long-term disability benefits until you cease to be disabled, your policy contains the definition of disability and duration of your benefits. Here are examples of how the policy of disability benefits insurer is laid out: CIGNA Life Insurance Company of Canada (from Moore … Read More
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