Personal Injury Blog

Accident Benefits (6)

Accident Benefits Update

In A.M. v the Dominion of Canada General Insurance Company, 2019 CanLII58194 (ON LAT), a dispute arose over the A.M, the applicant’s Income Replacement Benefits (IRBs). He was injured on December 21, 2017 when his vehicle was rear-ended. He applied for "no-fault" accident benefits including IRBs...

ACCIDENT BENEFITS UPDATE: Glass half full?

In Applicant and Royal and Sun Alliance, a recent decision of the Licence Appeal Tribunal (LAT), the applicant was injured in a car accident on March 3, 2014 while she was still a minor (age 14). She applied for accident benefits including non-earner benefits (NEBs) under the Statutory Accident...

Accident Benefits Updates: Egg Incident

In Gilbraith v. Intact Insurance Company (2019 ONSC 1875), Intact brought a Summary Judgment Motion to dismiss Ms. Gilbraith’s claim.  She had been seriously injured following an unusual chain of events that she claimed was an "accident" as defined in the Insurance Act. On April 11, 2014 she and a...

It Was Fun While It Lasted: Court Of Appeal Restores Status Quo For EUO

Since the introduction of the "no fault" accident benefits system in Ontario, the legislature has imposed further disclosure obligations on accident victims seeking entitlement to benefits.  For example, the Automobile Insurance Rate Stability Act, 1996, (at s.33(1) of the current Statutory Accident...

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