Blog
<Anti-SLAPP Motions & s.137.1 of the Courts of Justice Act> – SLAPP represents Strategic Lawsuit Against Public Participation which includes defamation claims that limit freedom of expression. Section 137.1 motions address anti-SLAPP motions which are useful for defendants in their defence to the defamation action. The specifics are as follows: <Prevention of Proceedings that Limit Freedom of … Read More
<Successfully out of Minor Injury Guideline as per CT Scan Reports> -One of the MVA clients’ injuries were minor not worth over $3,500.00 three months ago. -However, the updated CT Scan Reports from his family physician convinced the Wawanesa Insurance to pull his injuries OUT OF MINOR INJURY GUIDELINE based upon the following: –1. The … Read More
<Attendant Care Benefits and s.44 Insurer Examinations> -The MVA claimant can apply for an attendant care benefit by submitting an Assessment of Attendant Care Needs (Form 1).And, the Form 1 is, in general, completed by his treating Occupational Therapist.And, the Insurance Company can exercise its right under s. 44 of the SABS to have the … Read More
<Causation Issue and Damages to be sought in Tort> -Initially, there was the issue of causation as the defendant denied liability and argued that the injuries of which the plaintiff was complaining were unrelated to the accident. -But, the plaintiff’s injuries of subscapularis tendon have progressed over time to a full tear. -Eventually, the plaintiff’s … Read More
-If your client is a unionized employee and his LTD was denied by the Sun Life Assurance, it is necessary to review the Collective Agreement, the Administrative Services Contract, the Benefit Booklet and the correspondence from Sun Life. -In general, the disputes of determination of your client (unionized employee)’s entitlement to LTD, is within the … Read More
<Tort Threshold> -In MVA Tort action, it is critical for your MVA clients to understand whether or not there is sufficient medical evidence to have a reasonable chance of persuading a judge that he/she had sustained an injury that met the requirements of s. 267.5(5) of the Insurance Act. -267.5 of the Insurance Act relates … Read More
<Concussion – Out of MIG under the SABS> Our Legal Services argued that our client did not suffer a minor injury, because the accident left him with a concussion. Therefore, since a concussion is a brain injury, and brain injuries fall outside of the MIG. Our Legal Services has produced the clinical notes and records of our client’s … Read More
<Motor Vehicle Accident with the “unidentified automobile”> The Plaintiff’s claim is that he was hit by a car while he was crossing the street. He did not ask the driver for his name or for any other information. The Economical Insurance paid his statutory accident benefits, without challenging his entitlement to them. However, the same … Read More
<Arbitrator for a Unionized Employee> If a plaintiff is a unionized employee, the court may not have jurisdiction for determining denied long-term disability (“LTD”) benefits. It shall be within the exclusive jurisdiction of the arbitrator, if he was eligible for LTD under the terms of the Collective Agreement.
