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Showing posts under "Insurance Claims"
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What can I do if I have been denied long term disability insurance?
Feb 13, 2019

Long term disability, also referred to as ‘LTD’ insurance is used when you can no longer work due to an unexpected accident or illness that has left you permanently disabled. This insurance can replace between... Read more


A Rastin Review of Aviva Canada v. Sidhu: The Importance of Protecting the Consumer in the World of Insurance
Dec 18, 2018

In our case of Smith v. Co-operators General Insurance Co., [2002] 2 S.C.R. 129 (S.C.C.) Steve Rastin argued before the Supreme Court of Canada that the insured person, Ms. Smith, was not given a proper refusal by her insurance company when she was... Read more


How Not Wearing a Seat Belt Can Affect Your Car Accident Claim
Sep 13, 2018

Ontario law requires everyone in a motor vehicle to wear his or her seat belt. Adults who do not wear their seat belts are subject to charges and fines under the Highway Traffic Act. If a police officer catches a child not wearing his or her... Read more


Do you have to return the money if your insurance company overpays you for a loss?
Jul 18, 2018

The unfortunate answer is yes. According to the Ontario Court of Appeal, in the recent case of Gore Mutual Insurance Company v. Dr. George Carlin et al., heard on July 4, 2018, you are required to... Read more


Think your claim doesn’t stand a chance against a big Insurance Company? This win for the underdogs could change your mind
Feb 09, 2018

It is not very often we have the David vs. Goliath scenario played out in the courtroom. When it does happened, it is worth much more than a passing comment. The Persampieri v. Hobbs is just that case... Read more


Damages Award in Wrongful Dismissal Case is upheld on Appeal
Jul 20, 2017

The Ontario Court of Appeal upheld the trial judge's decision in a wrongful dismissal case involving a McDonald's restaurant manager who was terminated without notice or payment... Read more


Judge admonishes Insurer and denies their Costs despite dismissing Plaintiff’s Claim for Losses arising from House Fire criminally caused by Plaintiff's Husband
Jun 01, 2017

Despite succeeding in their motion to have the action dismissed in summary judgement, the defendant insurer was denied costs when the judge decided that the insurer’s actions were unprincipled when withholding coverage for house burned down by plaintiff’s spouse in a criminal action.. Read more


B.C. Court awards Damages to Injured Pedestrian and finds Insurer and Agents guilty of Malicious Prosecution
Mar 20, 2017

After prosecutors dropped a charge of trying to defraud an insurer against an injured pedestrian, the previously accused woman filed a civil claim against the Insurance Corporation of B.C.and its agents for malicious prosecution and negligent investigation... Read more


Appeals Court rules Insurer may deduct Non-earner Benefits from LTD Payments
Feb 07, 2017

The Appeal Court ruled that the appellant’s Group Plan insurer could deduct the amount of non-earner benefit (NEB) her vehicle insurer was paying her in connection with a second accident, from the long term disability benefits (LTD) she was receiving for a previous accident... Read more


A Claimant’s Delays in providing required Information and filing a Claim to his Insurer result in denied Long-term Disability Benefits
Oct 28, 2016

When a claimant fails to provide required information to their insurer on a timely basis for a long-term disability claim, they face the risk of having their benefits denied. In Richards v. Sun Life, the court determined that the claimant should have understood that their claim was denied by their insurer. The court also decided that the plaintiff’s claim for unpaid benefits was statute-barred for being filed past the two-year limitation period... Read more


Can a Plaintiff be Compelled to disclose whether they have Adverse Cost Insurance?
Oct 08, 2016

Adverse cost insurance of After the Event insurance protects litigants in the event that they are required to pay costs to the other party, if unsuccessful at the conclusion of a civil trial. Here we look at a legal dispute that considers whether or not a plaintiff is obligated to reveal whether or not he or she has acquired said insurance... Read more


Judge dismisses Litigation Loan Company Claim requiring Borrowers to pay Compound Interest
Aug 27, 2016

In Lexfund v Ferro et al, 2016, a case management judge decided that the litigation loan company failed to provide full disclosure of loan repayment obligations to five claimants and therefore, the claimants were not required to pay significant compound interest payments... Read more


LAT Replaces FSCO in Auto Insurance Disputes
Aug 25, 2016

In April 2016, the Ontario Licence Appeal Tribunal (LAT) officially replaced the Financial Services Commission of Ontario (FSCO) for the handling of accident benefits disputes. Here we discuss the legal implications of the change... Read more


How Rule 49 and Proportionality can affect a Claimant's Award of Costs
Jun 21, 2016

A personal injury trial does not conclude with the jury's verdict and award for damages. There is the issue of costs accumulated during the course of the trial by both the plaintiff and the defendant. Here we look at how Rule 49, Rule 57 and the issue of proportionality can affect the claimant's total amount of costs... Read more


Denial of Catastrophic Injury Status does not trigger Limitation Period against a Plaintiff
Jun 02, 2016

Before an individual can claim statutory accident benefits for catastrophic impairment, their insurer must first agree to a designation of catastrophic impairment. In Machaj v. RBC, the Court ruled that the insurer's denial of catastrophic injury status is not equivalent to denying catastrophic benefits, and therefore does not trigger a limitation period... Read more


Can Attendant Care Benefits provided to a Family Member be considered Income?
May 11, 2016

Is caring for an injured family member a form of employment? In resolving a 2016 insurance dispute, the arbitrator needed to decide whether attendant care payments received by a mother to care for her catastrophically injured son is a form of income... Read more


Statutory Deductibles can affect a Claimant's Awarded Damages
Apr 30, 2016

Amendments and revisions to Ontario's Insurance Act can have a significant effect on an accident victim's award of damages, as occurred in a 2016 trial, Corbett v Odorico... Read more


BICO response to Rastin & Assoc Blog on How ATE Insurance can affect Trial Costs
Apr 18, 2016

BridgePoint Financial Group comments on a recent blog post concerning whether ATE premiums should be an assess-able disbursement... Read more


DAS response to Rastin & Associates Blog on How ATE Insurance can affect Trial Costs
Apr 08, 2016

DAS Indemnity comments on a recent blog post concerning whether ATE premiums should be an assess-able disbursement... Read more


Chronic Pain Injury meets Threshold for Non-pecuniary Damages
Mar 28, 2016

After a jury ruled in favour of the plaintiff suffering from chronic pain syndrome in Dimopoulos v. Mustafa, the judge also ruled that the plaintiff's injuries met the threshold for serious and permanent injury and thus qualified to receive non-pecuniary damages... Read more