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Personal Injury Blog

Accident Benefits Update: Shades of Grey between Moderate and Marked Impairment

K.S. andTD Home and Auto Insurance Company (2019 CanLII 22189), a recent decision by the Licence Appeal Tribunal (LAT), considered the fine line for establishing catastrophic impairment (catastrophic) under s.3(2)(f) of the Statutory Accident Benefits Schedule or SABS (prior to June 2016), which...

COVID-19 Federal and Insurance Assistance for Businesses

As the COVID-19 crisis continues with no end in sight, many of you will face economic hardship and other obstacles that interfere with your ability to run your business. We have prepared this compilation of many the most impactful government relief measures that may be available for you in this...

Accident Benefits Update: LAT split on "Reasonable and Necessary" CAT assessments

In V.L. vs. Pafco Insurance Company (2019 CanLII 119760), a recent hearing in writing before the Ontario Licence Appeal Tribunal (LAT), the applicant, V.L sought payment from Pafco, her insurer for the costs of her assessments to determine catastrophic impairment (catastrophic). Pafco had...

Accident Benefits Update: ONCA’s TOMEC Decision on SABS Limitations

On November 8, 2019, the Ontario Court of Appeal released Tomec v Economical Mutual Insurance Company (2019 ONCA 882). The central issue on the appeal was whether the two-year limitation to start a proceeding following a denial of accident benefits was a "hard" limitation or was subject to the...

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