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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


Judge Denies Defence Counsel's late Request to cross-examine Witnesses and introduce Video Evidence
Oct 18, 2016

In the trial, Vickers v. Palacious, defence counsel’s failure to introduce video surveillance and request cross-examination of witnesses in a timely manner, affected their right to use this evidence... 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


Complications when claiming Accident Benefits for a Minor
Sep 26, 2016

When does the limitation period begin when a claim is filed on behalf of a child who was hurt in an accident? A pre-arbitration hearing for Moran v. Economical Mutual Insurance Co., considers this issue, as well as the issue of how a Disability Certificate may effect eligibility for non-earner benefits... Read more


Invoking Uninsured and Underinsured Coverage when a Vehicle is taken without Consent
Sep 16, 2016

Can you file a claim for uninsured automobile coverage if you are injured while driving in an insured vehicle that is taken without consent? This issue was at the heart of an injury claim, in Skunk v. Ketash, 2016.. Read more


Injured Driver sues after rear-ending another Vehicle
Aug 31, 2016

Can you be held liable for injuries to a driver who rear-ended your vehicle? In Chernet v Galaites, 2016, the judge dismissed an action filed by the driver who struck another car in the rear and sued for damages. .. 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


Implied Consent in a Car Accident Injury Claim
Aug 23, 2016

When is it legally permissible to borrow someone’s vehicle without their expressed consent and who is liable if an accident occurs involving the borrowed vehicle? Here we look at a case that addresses these questions and how the issue of implied consent can affect liability. .. Read more


How Inconsistencies in a Plaintiff's Claim can result in a dismissal
Jul 25, 2016

It is very important, in any legal proceeding, to be as honest and forthcoming as possible. Failure to do so can result in the claimant not being deemed credible and a dismissal of their claim... Read more


Can a Claimant be penalized for not requesting Medical Results from their Doctor?
Jul 13, 2016

Is it reasonable for an individual to assume that if a doctor does not contact them about a test result, that all is well? The outcome of a 2016 personal injury case, McMillan v Adeite, rested on this question, as the results of the plaintiff’s MRI affected her realization that she could file a claim for serious and permanent injuries... Read more


Is it appropriate to sue your Doctor while still being Treated by them?
Jul 01, 2016

In a case where an allegedly negligent doctor is performing treatments or surgery to fix a previous problem or error, the two year limitation period under the Limitations Act may not commence from the date of the alleged medical error, but rather, from the date the patient realized it is appropriate to file a suit against their doctor... 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


Human Rights Tribunal classifies Miscarriage as a Disability
Jun 07, 2016

In February 2016, the Human Rights Tribunal determined that a miscarriage is a disability and must be accommodated accordingly by employers... 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


Daggitt: Judge Refuses to Order Plaintiff to submit to Examination by Dr. Bail citing Concerns about Bias and Lack of Impartiality
May 20, 2016

The Court can order a further medical independent examination of a plaintiff if there is evidence of unfairness and necessity to justify doing so. In Daggitt v. Campbell, the Court rejected the defendant's motion requesting another medical examination of the plaintiff, due to a lack of necessity and appropriateness... 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


Rastin & Assoc sponsor 'Girls Night Out' to support Child and Youth Mental Health
Apr 24, 2016

Rastin & Assoc are sponsoring 'Girls Night Out' through the Midland Rotary Club, in support of Child and Youth Mental Health... Read more


Pub Owner found Liable for Injury resulting from an Unsafe Conditon
Apr 20, 2016

The Ontario Occupier's Liability Act dictates that the occupier of a property/premises owes a duty of care to anyone who comes onto their property. A failure to do so can lead to horrible consequences for an individual and/or individuals and a claim of negligence against the occupier... Read more