Personal Injury Blog

ACCIDENT BENEFITS UPDATE: FSCO MISSES THE POINT OF MIG APPEAL

In Aviva Canada Inc. v. Sleep(FSCO Appeal P17-00034), Director’s Delegate Murray was required to review an arbitration decision concerning the Minor Injury Guideline (MIG) of the Statutory Accident Benefits Schedule (SABS). In the decision, Arbitrator Anschell found that the Respondent, Mr. Sleep...

Accident Benefits Updates: Claimant’s Refusal to Attend "Unreasonable" CAT Assessment Upheld

G.P. v. Cumis General Insurance Company, a recent claim before the Licence Appeal Tribunal (LAT), concerned G.P.’s application for a determination of catastrophic impairment and several denied treatment plans. G.P. had been injured in a motor vehicle accident in November 2013. She sought treatment...

An Overview On Threshold And Its Importance

One of the trade-offs the insurance industry negotiated before it accepted the "no-fault" accident benefits scheme was a limitation on accident victims’ right to sue for pain and suffering and health care damages. In order to succeed as a plaintiff, you must prove on the balance of probabilities...

Accident Benefits Updates: Spilled Coffee Incident

In Aviva Insurance Company of Canada v. Dittmann, released on March 15, 2018, the Supreme Court of Canada dismissed a leave to appeal application by Aviva and ordered the insurer to pay Ms. Dittmann’s legal costs.

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