Accident Benefits Update – to Determine Whether the Applicant Had Sustained a Catastrophic Impairment


Applicant v. Toronto Transit Commission (2019 CanLII 101715) was a recent proceeding before the Licence ...

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Accident Benefits Update: New Cat Paraplegia Criteria Tested


In Patel v. RSA Insurance (19-000560-AABS), a recent decision before the Licence Appeal Tribunal, a ...

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Accident Benefits Update: Nebs, and (Natural) Justice for All


S.A. v. Guarantee Insurance, 2019 CanLII 77002 (ON LAT)was an application for Reconsideration of the ...

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Accident Benefits Update – Unica Loses Cat Fight Over AC and Housing Modifications


Malitskiy v. Unica Insurance Inc. (18-010164/AABS) a Licence Appeal Tribunal (LAT) decision released January 2, ...

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Personal Injury Update: Second Psychiatric Assessment Granted 7 Months After Pre-Trial


This motion in Maria-Antony v. Ivaschenko, 2019 ONSC 4731 was brought by the defendants for ...

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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 ...

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Accident Benefits Newsletter – a Concussion Is (Still) Not a Minor Injury


It is generally acknowledged that the Minor Injury Guideline (MIG) does not extend to traumatic ...

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ACCIDENT BENEFITS UPDATE: AVIVA BEATS DEAD HORSE… TWICE!


In two recent decisions of the Licence Appeal Tribunal, released on consecutive days, Aviva mounted ...

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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 ...

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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 ...

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ACCIDENT BENEFITS UPDATE: LAT split on “Reasonable and Necessary” CAT assessments


In V.L. vs. Pafco Insurance Company (2019 CanLII 119760), a recent hearing in writing before ...

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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 ...

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