<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