Claimant opted out of the WSIB benefits – May 1, 2022

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

Conflicts of Interest:

Defense counsel that represented the Intact Insurance for the applicant’s claim for accident benefits is not supposed to represent the same insurer to defend the Tort claim against the defendant. The remedy to resolve the above potential conflicts of interest: Plaintiff can file a motion to the ONSJ removing the same defense counsel from representing … Read More

‘Dr. Death’ shows how Texas law gives negligent health care providers a free pass – from Facing South Article (Defend democracy in the South.)

By Billy Corriher July 22, 2021 “Dr. Death,” a new drama on NBC’s Peacock that was inspired by a true story, offers a disturbing look at the life of an incompetent Texas neurosurgeon named Dr. Christopher Duntsch, played by Joshua Jackson, and the patients he maimed. Based on the first season of a popular Wondery podcast … Read More

When a plaintiff wants to resile from a settlement, what evidence does the court require?

Milos v. Zagas 1998 CanLII 7119 (ON CA), Sher v. Paletta, 1996 CanLII 286 (ON CA); Vanderkop v Manufacturers Life Insurance Company, 2005 CanLII 39686 (ON SC)] -The plaintiff executed her settlement documents of her claims against the defendants Sun Life and TD Insurance in respect of her entitlement to LTD benefits and tort damages. … Read More