-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
<No Deduction of LTD Settlement by the automobile insurance> – May 13, 2022 The MVA client is a full-time employee who can have an access to his long-term disability benefits payable through his work insurance up to 66.67% of his monthly earnings (up to a $5,000 per month). MVA client’s disability benefits were denied and … Read More
The claimant was employed at the time of MVA and received Workers Safety Insurance Benefits (“WSIB”). And, subsequently, the claimant elected to opt out of the WSIB benefits and instead elected to pursue (a) a lawsuit (“tort action”) against the unidentified driver. Under s.61 of the SABS, if a claimant makes an election under the … Read More
Intact Insurance: Can you tell me why your MVA client is only seeking acupuncture therapies vs. other traditional facility based treatments? Our Legal Services: The trend is that MVA clients can choose whatever physical treatments work best for their future recovery. Intact Insurance: Thank you for providing this explanation. It makes sense to me. We … Read More
<Galdamez v. Allstate Insurance Company of Canada, 2012 ONCA 508> –>The applicant’s return to work still renders him eligible for NEBs. –>Motion judge dismissed the action for NEBs but plaintiff’s appeal for the same was allowed.
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.
Such a pleasant and productive meeting! The doctor we had a meeting with to discuss MVA cases even offered to take us to lunch someday soon. Nice move! As we realize every single day, the meeting in person or by Zoom/Webex facilitates the effectiveness of eye contact with the counterparts. In many cases, any challenging … Read More
Our Legal Services just scheduled another Webex meeting with a multi-disciplinary clinic that provides physical therapies, in-home assessment, etc. So productive as our Legal Services has been able to expand our network with multiple therapists to discuss MVA cases!
<Duty to Accommodate> -Given the war in Ukraine, it is critical to consider whether the Ukrainian-Canadian employees have been properly accommodated by their employers with this deadly war in Ukraine. -Some of those employees have their families/parents still in Ukraine. -It is our duty to counsel all clients including Ukrainian-Canadian employees about their potential rights … Read More
Heath v. Economical Mutual Insurance Company, 2009 ONCA 391 (“Heath”) provides the framework for the Non-Earner Benefits analysis into whether the claimant (involved in MVA) suffers a complete inability to carry on a normal life. To meet the test for Non-Earner Benefits, the claimants must be continuously prevented from engaging in substantially all of their … Read More
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Email: ariel@legalservices.one
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