Test for NEBs:

Heath v. Economical Mutual Insurance Company, 2009 ONCA 391 (“Heath”) provides the framework for the Non-Earner Benefits analysis into whether the claimant (involved in MVA) suffers a complete inability to carry on a normal life. To meet the test for Non-Earner Benefits, the claimants must be continuously prevented from engaging in substantially all of their … Read More

Applicant’s both NEBs and IRBs can be advanced to the Tribunal.

16-000063 v Dominion of Canada General Insurance Company, 2016 CanLII 67139 Galdamez v. Allstate Insurance Company of Canada, 2012 ONCA 508 Toresho v. Primmum Insurance Company, 2015 ONSC 516 -Under s.35 (1) of the SABS, the Applicant was entitled to notice from the insurer to elect the benefit she wished to receive. -The Application for … Read More