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Personal Injury Blog

Accident Benefits (4)

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...

Accident Benefits Update: Impaired Driving Charges After Crash

R. v. Canavan, 2019 ONCA 567 (CanLII), the appellant, Michael Canavan tried to overturn his convictions for impaired operation of a motor vehicle causing death, operating a motor vehicle with over 80 mg of alcohol per 100 ml of blood, and two counts of driving while impaired causing bodily harm.

M.F.Z. V Aviva Insurance Canada - Beneficial Decision For Accident Victims

M.F.Z. v Aviva Insurance Canada (and its companion claim, J.C.C. v Aviva Insurance Company of Canada, which was argued on behalf of the passenger at the same time), a far-reaching beneficial decision for accident victims, was recently reconsidered by the executive chair of the Safety, Licensing...

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