<Taking MVA claimants’ injuries outside of Minor Injury Guideline> <thelegalservices.org/toronto/personal injury law> Mateluna v. Scottish & York, 2022 ONLAT 20-001965/AABS The applicant should discharge her evidentiary onus in establishing that she is entitled to treatment outside the Minor Injury Guideline. If s.25 Psychological Report diagnoses the applicant with adjustment disorder and specific phobia, the report … Read More

-The purpose of s.267.8 is to avoid duplication, or double recovery, in a tort award by allowing the defendants to deduct payments of various types and purposes from tort awards which contain the same or similar heads of damage. -The defendant is entitled to a proper deduction with respect to any income loss claim made … Read More

The threshold exceptions for litigation created by s.267.5(3) and 267.5(5) of the Insurance Act, supra, each effectively incorporates a causation requirement.  In particular, the exceptions do not apply unless the specified impairments exist or occur “as a result of the use or operation of the automobile”.  Demonstration of causation therefore is included in the elements a plaintiff must establish to satisfy the threshold for … 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

<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

Calculation of Income Replacement Benefits

Calculation of Income Replacement Benefits for claimant involved in a motor vehicle accident in August 2020 What is required? 1. Client’s filed income taxes for 2019 and 2020 2. Calculation of IRBs under s. 7(2) of the SABS 3. Post-accident bank deposit Under s. 7(2) of the SABS, Income Replacement Benefits were calculated as follows: … Read More

The time to apply to the Tribunal is extended.

–18-005114 v Allstate Insurance Company, 2018 CanLII 143515 (ON LAT) –A.F. v. North Blenheim Mutual Insurance Company, 2017 CanLII 87546 (ON LAT) (“Blenheim”) –Manuel v. Registrar, Motor Vehicle Dealers Act, 2002, 2012 ONSC 1492 (Ont. S.C.) -The Tribunal held a case conference on October 16, 2018. At the case conference, Adjudicator Ferguson ordered that the … Read More

Two statutory tests for entitlement to the Income Replacement Benefits

16-000082 v Echelon General Insurance Company, 2016 CanLII 82874 The first test is applicable for the period from one week after the date of the accident until the second anniversary. The claimant is entitled to be paid an IRB if he suffered a substantial inability to perform the essential tasks of his pre-accident employment. After … Read More

Rule 9(4) of the Fault Determination Rules(R.R.O. 1990, REGULATION 668) of Insurance Act

If only automobile “C” is in motion when the incident occurs, (a)   in the collision between automobiles “A” and “B”, neither driver is at fault for the incident; and (b)   in the collision between automobiles “B” and “C”, the driver of automobile “B” is not at fault and the driver of automobile “C” is 100 … Read More