J. v Canada Employment Insurance Commission <Our office successfully defended that our client’s auto insurance payments for loss of income are not earnings> S.35(2)(d) of the Employment Insurance Regulations (EI Regulations) says that auto insurance payments for loss of income are earnings (in certain circumstances).Section 35(2)(d) is stated to be “notwithstanding” section 35(7)(b). Where a … Read More
<Denied chronic pain assessment and physiotherapy treatments Re-adjudicated and Overturned by the Insurance Company> 1. Our applicant’s office has met our onus successfully to prove that the two treatment plans for physiotherapy treatments and chronic pain assessment are reasonable and necessary. 2. Clinical notes and records from all treating doctors have been submitted as evidence … Read More
<Providing Notary Public Services for Ontario> Under s.3(1) of the Notaries Act, our Legal Services: (a) witness or certify, and attest, the execution of a document; (b) certify and attest a true copy of a document; (c) exercise the powers of a commissioner for taking affidavits in Ontario; and (d) exercise any other powers and … Read More
<Consequences for defective notices under s. 38(11) of the Schedules> -The consequences of a defective notice are stated in s. 38(11). -Applying that section, the insurance company is prohibited from taking the position that the applicants’ impairments fall within the MIG, and obligates the insurer to pay for the treatment plans until it gives the … Read More
– In accidents involving two or more insured automobiles, an insured is entitled to recover for the damages to the insured’s automobile and its contents and for loss of use from the insured’s insurer under s.263(2) of the Insurance Act. -The objective of the regime contemplated by section 263 of the Insurance Act is to … Read More
<Causation Issue in Tort of the Motor Vehicle Accident> – We agreed that if caused by the relevant motor vehicle accident, the plaintiff’s chronic low back pain constitutes a “permanent serious impairment of an important physical, mental or psychological function”, within the meaning of ss.267.5(3) and 267.5(5) of the Insurance Act. – Following our investigation of the totality of medical evidence, motor vehicle accident was relatively modest … Read More
<Vicarious Liability in Tort> If the defendant was in the course of his employment, when he struck the plaintiff’s vehicle, can the plaintiff also sue the defendant’s employer for Tort? –> The defendant’s employer can be sued as it was vicariously liable for his employee’s wrongful actions. However, under s. 277(1) of the Insurance Act, … Read More
<IRB to continue to be paid> When one of our MVA clients is out of the country, our Legal Services tries everything we can to accommodate his personal situations and ensure he continue his physical, psych treatments in the foreign country under s.57 of the SABS to ensure his income benefit payment continue. And, we … Read More
Ever since Ontario introduced its “no fault” auto insurance regime in 1990, s. 263 of the Insurance Act has barred claims for recovery of damages to an insured’s automobile, to its contents and for loss of use against anyone other than the insured’s insurer.
PO Box 15306 Queensway High PO, Toronto ON M8Y 0B4
Phone: 416-996-9953
Fax: 416-391-6062
Email: ariel@legalservices.one
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