Personal Injury Blog

Accident Benefits Update: LAT Clarifies Role of Causation in CAT Applications

In Applicant v TD Insurance, a recent decision of the Licence Appeal Tribunal (LAT), Member Sewrattan had to consider whether an insurer could use causation as grounds for refusing to fund rebuttal assessments requested by the unnamed applicant to determine whether he had suffered a catastrophic...

Accident Benefits Updates- Striving to Establish Your Best New "Normal"

When you (or someone you love) has been seriously injured in a car accident, the impact on your life is devastating. It can be difficult pushing ahead with rehabilitation, striving to establish your best new "normal" in the face of physical, psychological or cognitive obstacles which seem...

Court Orders Production of Plaintiff’s Social Media Content

The attitude in our courts towards social media has shifted drastically for the worse over the last decade. In 2012, for example, content from "private" social media sites was perceived as exempt from disclosure to the defendant. Plaintiffs were understood as justified in restricting access to the...

Accident Benefits Updates- Recent Cat Claims Bolster Lat Credibility, Part 1

One of the greatest areas of concern identified by both sides of the personal injury bar with the transition from FSCO to the Licence Appeal Tribunal (LAT) as arbiter of Accident Benefits disputes under the Statutory Accident Benefits Schedule (SABS) of the Insurance Act was the LAT’s ability to...

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