<Our Client’s Review – Wangyal v. Intact Insurance> “Hi, I am a client of the legal counsel – Ariel Baek – for the last 1 and half years. She is one of the best litigators that I have seen in my entire life so far. She is a very hardworking, consistent, polite and very positive … Read More

Why do you need to understand the policy of your disability benefits insurance companies?

<Why do you need to understand the policy of your disability benefits insurance companies?> -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 … Read More

“Total Disability” or “Totally Disabled” In the London Life Insurance Policy:

-The plaintiff, who was diagnosed as suffering from Chronic Fatigue Syndrome (“CFS”), brought an action against the insurer he was entitled to long-term disability benefits under the disability insurance policy issued by the defendant, and for punitive and aggravated damages. -The defendant did not dispute the diagnosis of CFS but took the position that the … Read More

<THE LAW OF COSTS IN THE SMALL CLAIMS COURT> -S.29 of the Courts of Justice Act, R.S.O. 1990, c. 43 governs rules on costs in theSmall Claims Court, which reads at section 29: An award of costs in the Small Claims Court, other than disbursements, shall not exceed 15 per cent of the amount claimed … Read More

-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

<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