Personal Injury Blog

Accident Benefits (2)

DUI: Stats, Ontario Law, and Impacts of Charges

Impaired driving, also called driving under the influence or DUI, refers to the operation of a vehicle while the driver’s ability to do so is compromised by alcohol, prescription or non-prescription drugs, alone or in any combination. Types of vehicles where DUI charges could apply include not only...

ACCIDENT BENEFITS UPDATE: AVIVA BEATS DEAD HORSE... TWICE!

In two recent decisions of the Licence Appeal Tribunal, released on consecutive days, Aviva mounted spirited attempts to broaden the scope of accident benefits claims under the Minor Injury Guideline or MIG. N.R. and Aviva, 2019 CanLII 51313, and the Reconsideration Decision in G.S. and Aviva, 2019...

Accident Benefits Update: Proving Chronic Pain? - a Cautionary Tale

In S.K. v. Aviva Insurance Canada (2019 CanLII 126203) recent Reconsideration Hearing before the Licence Appeal Tribunal (LAT), the applicant S.K. argued that the LAT had erred in fact and at law by finding that her injuries were appropriately treated under the Minor Injury Guideline (MIG). As a...

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...

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