<Ju and Security National Insurance> “Dear Ariel, Thank you for your support and dedication throughout my father’s case. We sincerely appreciate the care, professionalism, and persistence shown by you and your team in handling my father’s accident benefits matter. From the beginning to the conclusion of the case, you kept us well-informed, guided us clearly … Read More

<Kim and Sonnet Insurance> “Ariel Baek is such a passionate and caring legal counsel. After my accident, I was really struggling both physically and emotionally. From the very first consultation, she gave me so much comfort and confidence. Once I started working with her, I didn’t have to worry about anything—she took care of everything … Read More

<Marrast v. Cooperators Insurance> “I was involved in a car accident and needed legal help. From the very beginning, I felt supported and cared for by Legal Service. The team was not only knowledgeable and professional but also truly compassionate. Every time I spoke with Ariel, she would start by asking how I was doing, … Read More

Jeong v. Definity Insurance We were very pleased to have her represent us in our motor vehicle personal injury case. Throughout the process, she demonstrated a high level of professionalism and a strong customer-centric approach. She handled our requests—such as changing our physiotherapy clinic and translator—with understanding and efficiency. We also appreciated the rapid turnaround … Read More

-If the claimant’s EI sickness benefits are defined as “other income replacement assistance” under s. 4(1) then any deduction would be precluded by s. 4(1)(a)(i), which specifically excludes all EI benefits. -If the applicant’s EI sickness benefits are defined as deductible under s. 47(1) as “collateral” or “temporary disability benefits” then that deduction is also … Read More

<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