Personal Injury Blog

Accident Benefits (3)

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...

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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