-The purpose of s.267.8 is to avoid duplication, or double recovery, in a tort award by allowing the defendants to deduct payments of various types and purposes from tort awards which contain the same or similar heads of damage. -The defendant is entitled to a proper deduction with respect to any income loss claim made … 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
Always be proactive in dealing with your client’s employer or his legal counsel if your client’s claim for constructive dismissal is well founded. Always make sure your client is paid fairly – including vacation pay, prorated bonus, severance pay under the common law.
Another new MVA client reported pre-existing workplace injuries. It looks promising as our Legal Services can start this file with Non-Catastrophic injuries. There shouldn’t be a dispute over whether his injuries are minor or serious.
<More Testimonials> Julie Shin v. Certas Home & Auto Insurance It was a year-long journey since I have had my case handled by AB Legal Services as a result of my injuries from a motor vehicle accident. It was impressive how the Legal Services has continued to push forward until they recovered Non-Catastrophic compensation at … Read More
<A Tort Analysis> -How is the degree of fault determined for a tort analysis? -Intact Insurance that paid my MVA client should seek compensation from the other party’s insurer (Aviva Insurance) if the fault is determined clearly under the loss transfer provisions of the Insurance Act, R.S.O. 1990, c. I.8. <Rule 3 of the Fault … Read More
<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
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
-McKay v Travelers 2022 CanLII 6748 The applicant has the onus of proving on a balance of probabilities that he is completely unable to engage in any employment for which he is reasonably suited by education, training, or experience. To be eligible to receive IRBs 104 weeks post-accident, s. 6(2)(b) of the SABS requires that … Read More
–18-005114 v Allstate Insurance Company, 2018 CanLII 143515 (ON LAT) –A.F. v. North Blenheim Mutual Insurance Company, 2017 CanLII 87546 (ON LAT) (“Blenheim”) –Manuel v. Registrar, Motor Vehicle Dealers Act, 2002, 2012 ONSC 1492 (Ont. S.C.) -The Tribunal held a case conference on October 16, 2018. At the case conference, Adjudicator Ferguson ordered that the … Read More
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Email: ariel@legalservices.one
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