<HST for s.7 IRB Reports> Since the SABS under Insurance Act was amended, Intact Insurance has agreed to pay HST (Harmonized Sales Tax) for s.7 preparation of Income Replacement Report. -Subtotal for IRB report: $2,489.83-HST: $323.68-Total Payment by the insurer: $2,813.51 Under the Regulation, the insurance company is liable for paying HST in addition to … Read More

<Brief procedure for a defamation lawsuit> Determine if any contents in dispute are defamatory and order to have them deleted for libel lawsuit. 2. Determine monetary damages – pecuniary and non-pecuniary damages such as wage losses, pain and suffering if any of those are believed to have been sustained. 3. Seriously consider if any of … Read More

<IRB to continue to be paid> When one of our MVA clients is out of the country, our Legal Services tries everything we can to accommodate his personal situations and ensure he continue his physical, psych treatments in the foreign country under s.57 of the SABS to ensure his income benefit payment continue. And, we … Read More

<Punitive Damages> The Plaintiff can also seek punitive damages in addition to pecuniary damages and non-pecuniary damages, if defendant’s impaired driving caused significant injuries in the MVA.What can be added in Plaintiff’s statement of claim: (a) The Defendant, Stephen Stuart drank excessively; (b) he was driving at an excessive speed while intoxicated; and (c) he … Read More

<Action against the at-fault party insurer> Our Legal Services can’t stress the following enough to our all MVA clients: Under S.8(3) of O. Reg. 676 of Insurance Act, an action against an insurer in respect of bodily injury shall be commenced within two years after the cause of action.

<The uninsured at-fault driver in MVA case> The tortfeasor could also be the uninsured at-fault driver in MVA case. After obtaining judgment at the end, the insured can demand payment from his insurance company under the uninsured coverage of the contract of insurance. Should there be any insurer’s refusal to pay for the insured’s sustained … Read More

– May 20

<Ceasing to be a shareholder> – May 20 -When one of our clients requests assistance in withdrawing from his shareholder agreement, what needs to be considered under the Corporation law? –>A person ceases to be a shareholder when his shares are sold either to a third party or back to the corporation.

<Tort action in the workplace injuries> -An MVA insured person can elect to bring an action and claim benefits under s. 30 of the Workplace Safety and Insurance Act, 1997. -He can issue a Statement of Claim for tort action in a workplace injury against a Tortfeasor if he has a viable claim in meeting … Read More

“Judgment of terror”

<Judgment of Terror> The reality is that sometimes a judge gets threatened by a suspect who is unhappy about his ruling at the end. CNBC – American Greed – “Judgment of terror” – A district judge in Houston was threatened and shot four times by an unhappy rapper at the end. https://cnbc.com/video/2020/03/05/judgment-of-terror.html?__source=sharebar|twitter&par=sharebar

S.31(1)(a) of SABS – GENERAL EXCLUSIONS

<S.31(1)(a) of SABS – GENERAL EXCLUSIONS> – If it turned out the client didn’t have the proper insurance in place in order to access his benefits, after MVA occurred – –>S.31(1)(a) of SABS does not require the claimant to investigate his coverage, but it simply explores whether claimant knew about his non-coverage. – In Tribunal … Read More