Personal Injury Blog

Accident Benefits (7)

Accident Benefits Update - Aviva Fails to Overturn "Medical Reasons" Reconsideration at Divisional Court

In Hedley v. Aviva Insurance Company of Canada (2019 ONSC 5318), Aviva appealed a Reconsideration Decision from the Licence Appeal Tribunal.

Accident Benefits Update - LAT Considers Causation in IRB Claim

In Applicant and Aviva General Insurance, the Applicant sought Income Replacement Benefits (IRB) up to 104 weeks post-accident and ongoing. He had been injured on August 10, 2015, and received IRBs from Aviva, his automobile insurer, from August 15, 2016 until November 15, 2016. Aviva scheduled...

Accident Benefits Update: CAT

In E.E. and Aviva Insurance Company, a recent decision of the Licence Appeal Tribunal (LAT), the Applicant, E.E. claimed that he had suffered Catastrophic (CAT) Impairment under the Statutory Accident Benefits Schedule (SABS) following a serious single vehicle collision on January 28, 2012 in which...

Car-Surfing Injury Is an "Accident" -Divisional Court Upholds Lat Decision

In order to receive accident benefits under an auto insurance policy, a claimant must prove that they have been injured in an "Accident" as defined in the Statutory Accident Benefits Schedule (SABS). Under the two-part test set out by the Supreme Court of Canada, the claimant must how that the...

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