-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
<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
<Tort action in the workplace injuries> -An MVA insured person can elect to bring an action and claim benefits under s. 30 of the Workplace Safety and Insurance Act, 1997. -He can issue a Statement of Claim for tort action in a workplace injury against a Tortfeasor if he has a viable claim in meeting … Read More
The client: “The car accident occurred in the area of highway and shoulder where the asphalt had broken away from the pavement.” Our Legal Services: “Ontario Provincial Police, although aware of the condition of the highway, did nothing to warn drivers as to unsafe condition.” Our Legal Services: “You can claim not only the accident … Read More
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> 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.
<A Tort Analysis> -How is the degree of fault determined for a tort analysis? -Intact Insurance that paid my MVA client should seek compensation from the other party’s insurer (Aviva Insurance) if the fault is determined clearly under the loss transfer provisions of the Insurance Act, R.S.O. 1990, c. I.8. <Rule 3 of the Fault … Read More
PO Box 15306 Queensway High PO, Toronto ON M8Y 0B4
Phone: 416-996-9953
Fax: 416-391-6062
Email: ariel@legalservices.one
© Ariel Baek Legal Services