Personal Injury Blog

Accident Benefits (6)

INTACT INSURANCE COMPANY V. ALLSTATE INSURANCE COMPANY OF CANADA, 2016 ONCA 609, RELEASED AUGUST 3, 2016

This was an appeal by an insurer of a decision assigning priority for accident benefits to it instead of the first responder. The main issue on appeal was the question of dependency. Paula Chartrand and her 2 daughters, Athena and Destiny were injured in a collision on August 21, 2010.

Accident Benefits Update: Legal System Is Prejudiced Against Plaintiffs

Many of you do not know that our legal system is prejudiced against plaintiffs who are injured in car accidents. In response to pressure from the Insurance industry, our Insurance Act has built-in relief for defendant insurance companies from paying damages to plaintiffs. Briefly, damages under a...

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...

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