Personal Injury Blog

Accident Benefits Update- CAT Claim

In Pucci v. Wawanesa (2019 ONSC 1706), a recent Ontario Superior Court of Justice decision, the court weighed in on causation in a catastrophic impairment (catastrophic) claim. The plaintiff claimant, Brittany Pucci, had been injured in a car accident on June 16, 2013. She suffered various physical...

Breakthrough Costs Insurance Decision For Plaintiffs- Armstrong V. Lakeridge 2017 Onsc 6565

One of the biggest obstacles facing personal injury plaintiffs in the pursuit of their claims is the very real threat of exposure to a large costs award against them if they are not successful in the lawsuit. Typically, a judge will order the unsuccessful party to pay a portion of the victor’s...

ACCIDENT BENEFITS UPDATE: Which CAT definition applies to transitional policies?

In H.S. and Allstate Insurance (2018 CanLII 132563), the parties held a Preliminary Issue hearing before Adjudicator Deborah Neilson of the Licence Appeal Tribunal (LAT).  The Applicant, H.S. was seriously injured in a car accident on August 18, 2016. She submitted an application for Determination...

Accident Benefits Update - LAT Considers Causation in IRB Claim

In Applicant and Aviva General Insurance, the Applicant sought Income Replacement Benefits (IRB) up to 104 weeks post-accident and ongoing. He had been injured on August 10, 2015, and received IRBs from Aviva, his automobile insurer, from August 15, 2016 until November 15, 2016. Aviva scheduled...

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