<Self-employment income to be recognized under s. 4(5) of the Schedules> -With regards to the claimant’s self-employment, the insurer could claim that if the claimant’s self-employment income was received in cash, it cannot be used in the IRB calculation because his income is supposed to have an HST number under the Income Tax Act. -Section … 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

<HST for s.7 IRB Reports> Since the SABS under Insurance Act was amended, Intact Insurance has agreed to pay HST (Harmonized Sales Tax) for s.7 preparation of Income Replacement Report. -Subtotal for IRB report: $2,489.83-HST: $323.68-Total Payment by the insurer: $2,813.51 Under the Regulation, the insurance company is liable for paying HST in addition to … Read More

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

Insurer in a Tort action

<Insurer in a Tort action> An automobile insurance company must deal with its own insured with utmost good faith when responding to a SABs claim for their injuries. When an insurer is defending its own at-fault driver in a tort action, however, it has no such duty to the plaintiff: they are adversaries.

<Motor Vehicle Accident Case> -One of the MVA client was driving his motorcycle southbound in the curb lane, approaching an intersection. -The other party was driving his car in the northbound passing lane, and made a left turn at the intersection. -The MVA client swerved to avoid the other driver, lost control of his motorcycle, … Read More