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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

<thelegalservices.org/toronto/lawyer> 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 … Read More

British family whose son was killed in crash files U.S. lawsuit against wife of American official – from Washington Post

LONDON — The family of Harry Dunn, the 19-year-old motorcyclist killed by a car driven on the wrong side of an English roadway by the wife of a U.S. official, filed a U.S. federal lawsuit against the driver, Anne Sacoolas, on Wednesday. The lawsuit, which claims wrongful death and seeks financial damages, represents a significant … Read More

Applicant’s both NEBs and IRBs can be advanced to the Tribunal.

16-000063 v Dominion of Canada General Insurance Company, 2016 CanLII 67139 Galdamez v. Allstate Insurance Company of Canada, 2012 ONCA 508 Toresho v. Primmum Insurance Company, 2015 ONSC 516 -Under s.35 (1) of the SABS, the Applicant was entitled to notice from the insurer to elect the benefit she wished to receive. -The Application for … Read More

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