<S.31(1)(a) of SABS – GENERAL EXCLUSIONS> – If it turned out the client didn’t have the proper insurance in place in order to access his benefits, after MVA occurred – –>S.31(1)(a) of SABS does not require the claimant to investigate his coverage, but it simply explores whether claimant knew about his non-coverage. – In Tribunal … Read More
<Impoundment of a Motor Vehicle> The Tribunal also handles Appeal under section 50.2 of the Highway Traffic Act, R.S.O. 1990, c. H.8, from an impoundment of a motor vehicle under section 55.1 of the Act for driving while suspended. To prove to Tribunal the impoundment will result in an exceptional hardship.
Approved for specific area examination, panoramic radiograph, surgical removal of tooth #44, general anaesthesia and intravenous drug injection for a total amount of $2K. The applicable test in convincing the Aviva was the “but for” test: whether the client would have had his dental issue but for the accident. We successfully proved on a balance … Read More
-McKay v Travelers 2022 CanLII 6748 The applicant has the onus of proving on a balance of probabilities that he is completely unable to engage in any employment for which he is reasonably suited by education, training, or experience. To be eligible to receive IRBs 104 weeks post-accident, s. 6(2)(b) of the SABS requires that … Read More
-RECONSIDERATION DECISION –> R.K. v. Aviva Insurance Canada, 2020 CanLII 94744 (ON LAT) -The incurred hours must be paid accordance with the mandatory Guideline rates and Form 1. Thus, for the reasons above, the Adjudicator granted Aviva’s request for reconsideration. <Overview> Aviva seeks reconsideration of the Licence Appeal Tribunal’s (the “Tribunal”) June29, 2018 Order issued … Read More
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
1. The claimant parked her Canada Post vehicle and was standing on the sidewalk taking something out of the vehicle, when she was suddenly struck in the head by an unidentified cyclist travelling on the sidewalk. She lost consciousness immediately. –>Yes, you can. As per 17-006380 v Liberty Insurance, 2018 CanLII 97835 (ON LAT), the … Read More
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