|
Date |
Title |
|---|
| 2010-07-27 |
Insurer not justified in requiring lawyer certification or lawyer as a witness to insured's signature as a term of release (pdf)
|
| 2010-07-20 |
Student "dependant" where father promised to repay loans. (pdf)
|
| 2010-07-12 |
Employee status for Insured's IRB Claim after declaring "Self-employed". (pdf)
|
| 2010-06-29 |
Newsflash: MIG downed by CRUISe missile: (pdf)
|
| 2010-05-11 |
Delay in Delivery of Rebuttal Report a Substantial Savings for Insurer (pdf)
|
| 2010-05-04 |
Runaway trailer is an automobile for purpose of accidents benefits claim (pdf)
|
| 2010-04-27 |
Minor Injury under the New SABS: what it isn't! (pdf)
|
| 2010-04-20 |
How to Escape the Initial Accident and Keep the Benefits (pdf)
|
| 2010-04-13 |
No Re-applications for CAT determination after the Limitation Period even where there is a Change in Condition. (pdf)
|
| 2010-04-06 |
No meeting of the minds at mediation regarding full and final settlement (pdf)
|
| 2010-03-30 |
TIME OUT: Expenses Paid by Insured - When Claim Statute Barred (pdf)
|
| 2010-03-24 |
A LTD Policy that is not an "Income Continuation Benefit Plan" under the Schedule may still be deducted from an IRB (pdf)
|
| 2010-03-16 |
Driving without insurance: Insurer must pay despite apparent cancellation (pdf)
|
| 2010-03-09 |
Seeing the Forest for the Trees: Understanding the Criteria for Catastrophic Impairment (pdf)
|
| 2010-03-04 |
Highlights of Changes to the SABS: in force September 1, 2010 (pdf)
|
| 2010-03-04 |
IRB calculated on Unreported Income - later reported through Re-filing. (pdf)
|
| 2010-02-25 |
Insurer to pay accident benefits to uninsured pedestrian even though its insured did not cause or contribute to the collision (pdf)
|
| 2010-02-17 |
SANITY: If the deceased Dr. W. Minor can be heard, so can L.G. (pdf)
|
| 2010-02-09 |
Sometimes a dirt bike is an automobile, and sometimes it's just a dirt bike. (pdf)
|
| 2010-02-03 |
Qualifying for an NEB - what activities are being considered at FSCO? (pdf)
|
| 2010-01-26 |
Using Interim Benefits to Avoid Tactical Denials: Reform in Practice (pdf)
|
| 2010-01-20 |
The Real World and Tax World Collide: Evaluating How to Allocate Partnership Income Post-MVC. (pdf)
|
| 2010-01-12 |
Class 4 (Marked Impairment) Rating in Only One of Four Areas of Functioning Sufficient for Catastrophic Designation (pdf)
|
| 2009-12-23 |
Sometimes Trying to Get Fresh, Goes Bad on Appeal (pdf)
|
| 2009-12-09 |
Benefits denied: evidence suggested injuries caused by assault, not MVC. (pdf)
|
| 2009-12-01 |
Time To Let Go: The Story Of An Insurance Industry Unable To Come To Grips With The Test For Catastrophic Impairment (pdf)
|
| 2009-11-24 |
No Entitlement to IRB's where alternative employment is identified that does not require substantial upgrading. (pdf)
|
| 2009-11-17 |
Dire Financial Need Not Enough for Payment of Interim Benefits (pdf)
|
| 2009-11-11 |
Not-So-Fishy Employment Losses Leads to Order for Interim Benefits. (pdf)
|
| 2009-11-03 |
Ontario' s proposed auto insurance reform: the devil will be in the details. (pdf)
|
| 2009-10-27 |
The CAT DAC came back, we thought it was a goner. (pdf)
|
| 2009-10-20 |
Until insurer intends to rely on surveillance, existence need not be disclosed to insured if arbitration, not court, is selected as forum. (pdf)
|
| 2009-10-13 |
Leave For Appeal Granted regarding discovery information relating to the basis of s.42 assessors opinions. (pdf)
|
| 2009-10-06 |
$25,000 Mental Distress Damages for Denial of Benefits (pdf)
|
| 2009-09-29 |
Insurer's assessors are far from experts (pdf)
|
| 2009-09-22 |
160 C-Notes in Costs Not Music to Insured's Ears (pdf)
|
| 2009-09-15 |
Nuclear analysis requires less concentration than insurance advising? Claim not proven where medical evidence insufficient and insured not credible (pdf)
|
| 2009-09-10 |
Evidence of pre-injury activities and circumstances essential to non-earner benefit entitlement (pdf)
|
| 2009-09-01 |
Evidence of Primary Caregiver Status and Past Housekeeping Expenses. (pdf)
|
| 2009-08-25 |
Insured must pursue tort claim in a meaningful way in order to receive SABS and avoid presumed WSIA benefits (pdf)
|
| 2009-08-18 |
Production of Relevant Documents from Non-Parties (pdf)
|
| 2009-08-11 |
Fund is not insurer of convenience - failure to comply with Fund requirements means no benefits (pdf)
|
| 2009-08-04 |
Arbitral case law gets on track with the courts on production of Reserves (pdf)
|
| 2009-07-28 |
Believing before receiving - the importance of credibility. (pdf)
|
| 2009-07-21 |
Catastrophic impairment found by the Court of Appeal even when the GCS score rises above 9 within 40 minutes from the time of the collision. (pdf)
|
| 2009-07-14 |
Without 'Reserve' . . . Why Arbitration may be the Route to Go. (pdf)
|
| 2009-07-07 |
Evidence of intention to work in a job plus "imperfectly drafted" written evidence can demonstrate legitimate contract of employment (pdf)
|
| 2009-06-30 |
Interest payable from date of application for medical benefits not date of Arbitrator's order despite negative DAC (pdf)
|
| 2009-06-17 |
Chronic pain for the insurer (pdf)
|
| 2009-06-10 |
FSCO Five Year Review: Recommended Amendments to S.24 Assessments (pdf)
|
| 2009-06-02 |
Can failure to attend an IME result in termination, not just suspension, of IRBs? (pdf)
|
| 2009-05-27 |
Criminal has right to silence. Arbitrator suggests insured does not. (pdf)
|
| 2009-05-20 |
The Mysterious Case of Benjamin and Belair: . . . well, maybe not that mysterious . . . (pdf)
|
| 2009-05-12 |
FSCO no longer has time for mistakes (pdf)
|
| 2009-05-05 |
No Re-applications for CAT determination unless Change in Condition. (pdf)
|
| 2009-04-28 |
Direct or indirect "use or operation of an automobile" doesn't include a drive-by shooting (pdf)
|
| 2009-04-21 |
Injury by Fruit Does Not Entitle Insured to Benefits . . . How About Lemons? (pdf)
|
| 2009-04-14 |
Cost of Assessment for Future Care Costs Payable Under the SABS (pdf)
|
| 2009-04-07 |
Notice Provisions and Forfeiture of Benefits in Section 33 Requests (pdf)
|
| 2009-04-01 |
Procedure: insurer can't delay arbitration for IME when it delayed acting on knowledge of change in insured's condition. (pdf)
|
| 2009-03-24 |
Everything old is new again: Insurers obliged to evaluate and consider all reports, not just their own. (pdf)
|
| 2009-03-16 |
An Expense Assessment: An Expensive Lesson (pdf)
|
| 2009-03-11 |
The Desbiens Debate - Time to Say "Uncle?" (pdf)
|
| 2009-03-03 |
The Functional Capacity Evaluation Revisited: Opening The Blind Eye (pdf)
|
| 2009-02-24 |
Catastrophic Impairment established with a Class 4 Marked Impairment in just one of the Areas or Aspects of Functioning in the AMA Guides. (pdf)
|
| 2009-02-19 |
Avoid Delay in Payment of AB's by Avoiding Priority Disputes with the Fund (pdf)
|
| 2009-02-10 |
Treating Physicians' Credibility Assessments Preferred to IME Assessors' Validity Measures in Chronic Pain Case (pdf)
|
| 2009-02-04 |
Apply late for benefits? As long as nobody tells you about application limitation periods and you have a good reason, in the words of Mick Jagger . . . Ti-i-i-ime is on your side, yes it is . . . (pdf)
|
| 2009-01-27 |
The peril of ignoring important characteristics of an insured's life and blindly relying on bald conclusions contained in medical reports. (pdf)
|
| 2009-01-20 |
Meaning of accident: directly caused by use or operation of a motor vehicle (pdf)
|
| 2009-01-14 |
Interest payable under SABS is a benefit - insurer ordered to pay interest on late payment of interest awarded at arbitration (pdf)
|
| 2009-01-06 |
The Fund & Benefits: Not So Quick On The Draw - If You're From Texas (pdf)
|
| 2008-12-17 |
Slip and Fall while rushing away from approaching emergency vehicle considered Accident for SABS (pdf)
|
| 2008-12-10 |
Insurers must adhere to statutory conditions when terminating policies of insurance (pdf)
|
| 2008-12-02 |
Arbitrator permits insurer examination after finding primary purpose is to buttress defence (pdf)
|
| 2008-11-25 |
Bill 164 - Reasonable and Necessary . . . When Adjusters Don't Know What They Are Doing (pdf)
|
| 2008-11-18 |
Insurer must disclose Reserve Information (pdf)
|
| 2008-11-12 |
Insurer's brazen discrimination not enough to warrant a Special Award (pdf)
|
| 2008-11-04 |
The Special Award : Not So Special For Insurers (pdf)
|
| 2008-10-28 |
Housekeeping Benefits and the Insurer's Request for the Personal Information of the Service Provider (pdf)
|
| 2008-10-21 |
Insurance company must ensure that settlement documentation is detailed and signed by insurer and not its lawyer (pdf)
|
| 2008-10-15 |
Insured Privacy Expectations and Experts: The Role of PIPEDA (pdf)
|
| 2008-10-07 |
Unrepresented Insured's Written Request to Consult with a Lawyer Not Sufficient to Rescind SABS Settlement (pdf)
|
| 2008-09-30 |
An unchallenged payment of a quantum of benefits is not a clear refusal over quantum and does not trigger a limitation period (pdf)
|
| 2008-09-24 |
Arbitrator entitled to hold that insured is entitled to greater benefits than claimed (pdf)
|
| 2008-09-16 |
Limitation period continues to run despite insurer's invitation to provide further information for self-employed insured's IRB calculation (pdf)
|
| 2008-09-09 |
Dispute Resolution Fairness and Efficiency Results in Disclosure of Personal Contact Information of Non-Claimants: Beware . . . It's Possible! (pdf)
|
| 2008-09-02 |
Child Care Costs as a Rehabilitation Expense (pdf)
|
| 2008-08-26 |
Tort medical reports not necessarily producible in arbitration proceedings (pdf)
|
| 2008-07-28 |
Injury Must be the Result of an Accident: Ya shoulda' been there . . . ! (pdf)
|
| 2008-07-22 |
The importance of supporting retraining with expert opinions (pdf)
|
| 2008-07-15 |
Interim SABS entitlement during dispute regarding the applicability of an exception permitting SABS to be received where WSIB benefits otherwise would have been payable (pdf)
|
| 2008-07-08 |
Usurping the Arbitrator by an Insurer Expert . . . Not on My Watch! (pdf)
|
| 2008-07-08 |
Insurer's claim for repayment cannot continue at arbitration after insured withdraws all claims (pdf)
|
| 2008-06-24 |
Section 42 Examination Request on the Eve of Arbitration (pdf)
|
| 2008-06-17 |
Insured with no reported income may qualify for NEB (pdf)
|
| 2008-06-10 |
Superior Court endorses Desbiens approach - whole person impairment assessment includes assignment of percentage ratings to psychological or psychiatric impairments (pdf)
|
| 2008-06-03 |
Revisiting Legal Causation in a No-Fault World (pdf)
|
| 2008-05-27 |
Denial of SABS where the Election between WSIB Benefits and Tort Action is found to be Primarily for the purpose of claiming SABS (pdf)
|
| 2008-05-21 |
Complete inability to carry on a normal life - rewarding pre-collision interests given greater weight than day to day activities (pdf)
|
| 2008-05-06 |
BEWARE: SABS Settlements based on 'Law of Contract' (pdf)
|
| 2008-04-29 |
SABS Settlement not enforceable where Release signed by Insured's representative with authority (pdf)
|
| 2008-04-22 |
Court of Appeal comments on declaratory relief, the meaning of incurred and causation in accident benefits cases (pdf)
|
| 2008-04-14 |
Twelve month period for notice of overpayment starts to run at first payment (pdf)
|
| 2008-04-08 |
Arbitration or Trial - Choice of Tribunal (pdf)
|
| 2008-04-01 |
Psychological make-up and Pre-MVC Career Goals are Relevant factors in determining reasonable necessity of vocational rehabilitation expenses (pdf)
|
| 2008-03-27 |
Section 42 notice requirements must provide details on the nature of the proposed procedure (pdf)
|
| 2008-03-19 |
Prior Income Tax Returns Relevant to Post-104 Weeks Test for IRB (pdf)
|
| 2008-03-11 |
SABS Section 33 - Duty of Insured to Provide Information (pdf)
|
| 2008-03-06 |
Validity of Settlement Disclosure Notice (pdf)
|
| 2008-02-29 |
Onus on Insured to establish that the FORM 1 attendant care sought is reasonable and necessary (pdf)
|
| 2008-02-21 |
Labour market not determinative in post-104 week test for non earner benefit (pdf)
|
| 2008-02-15 |
Insurer to Pay for Child Care while Insured Attends Medical Appointments (pdf)
|
| 2008-02-07 |
HCAI Guidelines apply to all insurers and health care providers beginning February 1, 2008 (pdf)
|
| 2008-02-07 |
No Relief from Forfeiture of Insurance Coverage where claimant driving without insurance at the time of the collision (pdf)
|
| 2008-02-07 |
Shareholder Loans do not Constitute Income for the Purposes of the SABS (pdf)
|
| 2008-01-15 |
Revisiting Desbiens v. Mordini, [2004] O.J. No. 4735 (pdf)
|
| 2008-01-10 |
Insured is entitled to make estoppel argument against insurer at arbitration (pdf)
|
| 2007-12-18 |
Amount of Special Award Reduced from $150,000 to $50,000 (pdf)
|
| 2007-12-05 |
Death Benefits and the Definition of ACCIDENT (pdf)
|
| 2007-11-13 |
Arbitrator's order for early production of surveillance overturned (pdf)
|
| 2007-11-05 |
Privilege - Insurers File (pdf)
|
| 2007-10-30 |
Insurer's Medical Expert Excluded from Testifying at Trial after report was altered by the company that arranged the Insurer's Medical Assessment (pdf)
|
| 2007-10-23 |
Attempt to exclude IMEs at arbitration failed (pdf)
|
| 2007-10-22 |
Slip on ice after exiting vehicle without incident not an accident under the SABS (pdf)
|
| 2007-10-22 |
Surveillance - To See or Not to See (pdf)
|
| 2007-10-04 |
New Pre-Approved Framework Guidelines for Whiplash Associated Disorders effective October 1, 2007 (pdf)
|
| 2007-09-25 |
Referral back to CAT DAC not permitted where DAC failed to assess psychological impairments (pdf)
|
| 2007-09-11 |
The Grade II Whiplash Guideline & IRBs (pdf)
|
| 2007-09-05 |
Insurer Examinations after Arbitration Commenced (pdf)
|
| 2007-08-29 |
Treatment Plans - Stopping and starting treatment can be reasonable and necessary (pdf)
|
| 2007-08-26 |
Go-cart operated on private land is an automobile under Part VI of Insurance Act (pdf)
|
| 2007-08-13 |
Income Replacement Benefits - Considerations of Evidence (pdf)
|
| 2007-08-08 |
Functional Ability & Pre-Existing Conditions (pdf)
|
| 2007-07-31 |
Examination under oath pursuant to s. 33(1.1) of the SABS not precluded by discovery in court action (pdf)
|
| 2007-07-23 |
Complete Inability and the Importance of Credibility (pdf)
|
| 2007-07-16 |
Proof of Impairments Outside of the WAD II Guidelines for additional Non-PAF Treatment and IRB's beyond 16 Weeks (pdf)
|
| 2007-07-05 |
Insured does not need to first pay for attendant care to demonstrate incurred expense (pdf)
|
| 2007-06-26 |
Removal of a representative (pdf)
|
| 2007-06-19 |
Special award where insurer relied on prior DAC report and failed to consider new medical information (pdf)
|
| 2007-06-13 |
Videotaping of Insurer Examinations by an Insured may be Reasonable (pdf)
|
| 2007-05-29 |
Home Modifications: Meaning of Existing Home (pdf)
|
| 2007-05-23 |
Insurer must pay attendant care benefits for extra care by family to insured resident in long-term care facility (pdf)
|
| 2007-05-17 |
Surety relationship alone may not be sufficient to establish a relationship of principal dependency required for SABS insurance coverage (pdf)
|
| 2007-05-07 |
IRB entitlement and quantification can be based on offer of employment in collisions which occurred before April 15, 2004 (pdf)
|
| 2007-05-01 |
Limitation Periods - Failure to Notify Insurer of Claim (pdf)
|
| 2007-04-24 |
Section 42 examination may be permitted on post 104-week entitlement issue after arbitration process initiated where no previous section 42 examination was conducted (pdf)
|
| 2007-04-18 |
Using an Improper Form to deny a benefit may not amount to Bad Faith (pdf)
|
| 2007-04-11 |
Complete inability test satisfied where insured is working in position with less remuneration than he may be capable of earning (pdf)
|
| 2007-04-02 |
No election between WSIB benefits and accident benefits (pdf)
|
| 2007-03-20 |
Section 42 examination may be permitted on post 104-week entitlement issue after arbitration process initiated where no previous section 42 examination was conducted (pdf)
|
| 2007-03-15 |
Medical benefits denied where insured failed to attend regularly and provided no objective evidence of benefits of treatment (pdf)
|
| 2007-03-15 |
SABS Regulation Comment: The Authority for and Use of Treatment Recommendations provided by Section 42 Assessors (pdf)
|
| 2007-03-15 |
Rescission of a settlement - Insured had not delivered notice of rescission within the cooling off period (pdf)
|
| 2007-03-15 |
Rewarding pre-accident interests and activities more important than day to day tasks in determining complete inability to carry on a normal life (pdf)
|
| 2007-03-15 |
PAF Guideline Project (pdf)
|
| 2007-03-15 |
Whether IMEs were reasonable and necessary (pdf)
|
| 2007-03-15 |
Eligibility for caregiver benefits - document activities of daily living early in the application process (pdf)
|
| 2007-03-15 |
Neutrality of DAC may be in question when meeting with insurer alone for witness preparation (pdf)
|
| 2007-02-20 |
Limited production of employment records and early production of surveillance information (pdf)
|
| 2006-12-18 |
Dispute over choice of CAT DAC facility resolved on the basis of that which was closest to the insured's residence (pdf)
|
| 2006-12-04 |
Death of insured under a disability after settlement - settlement can still be enforced even without court approval (pdf)
|
| 2006-11-27 |
Adjournment of arbitration to conduct IME refused where insurer delayed in seeking IME (pdf)
|
| 2006-11-13 |
Collision exacerbated pre-existing injuries therefore collision was a material contribution to the insured's complete inability to work (pdf)
|
| 2006-11-10 |
IRBS for self-employed individuals - interest awarded for failure to pay a realistic rough estimate of the benefit (pdf)
|
| 2006-10-30 |
Insurer entitled to section 42 examinations even in light of pending arbitration (pdf)
|
| 2006-10-30 |
Insurer entitled to section 42 examinations even in light of pending arbitration (pdf)
|
| 2006-10-23 |
Collateral Disability Benefits purchased by an insured may not reduce the insureds entitlement to Income Replacement Benefits (pdf)
|
| 2006-10-16 |
Accident found not to materially contribute to insured's ongoing psychiatric illness (pdf)
|
| 2006-10-09 |
Bill 164: Insurer conceded insured entitled to weekly benefits and was obliged to make an LECB offer (pdf)
|
| 2006-10-02 |
Unavailability of counsel for insurer may not delay FSCO hearings in urgent cases (pdf)
|
| 2006-09-25 |
Nanny Services are not expenses payable under s. 15 Rehabilitation Benefits (pdf)
|
| 2006-09-18 |
Production of Adjusters' Notes - Insured is not Entitled to Notes Made During Mediation Process (pdf)
|
| 2006-09-11 |
Court of Appeal confirms Insurer has no right to initiate action after at CAT DAC (pdf)
|
| 2006-09-04 |
Special Awards and Expert Evidence that is not Balanced and Objective (pdf)
|
| 2006-08-28 |
Insured not precluded from receiving benefits for non-attendance at insurer examinations where improper notice was provided (pdf)
|
| 2006-08-14 |
Definition of Accident - A Parked Trailer is Included in the Definition of Use of an Automobile (pdf)
|
| 2006-08-07 |
Interest on medical rehabilitation benefits payable from 30 days after receipt of invoice or application where DAC says not reasonable and necessary and insured ultimately found to be entitled (pdf)
|
| 2006-07-31 |
Interim Benefits pending an Arbitration: Insured must establish with evidence a prima facie case for entitlement to the benefits and an urgent need for payment (pdf)
|
| 2006-07-10 |
Reasonable explanation for not attending an IME (pdf)
|
| 2006-07-03 |
Insured continued to be entitled to IRBs despite having returned to work (pdf)
|
| 2006-06-26 |
Insured had reasonable explanation for delay of over 4 years in notifying insurer of intention to apply for benefits (pdf)
|
| 2006-06-19 |
A finding on arbitration that the Insured can do another job for the purpose of the pre-104 week IRB test is not sufficient to terminate IRB's post-104 weeks without providing required notice and engaging DAC process (pdf)
|
| 2006-06-12 |
Failure to submit a statement of an assessor's qualifications at an arbitration hearing does not automatically exclude the assessor's report (pdf)
|
| 2006-05-29 |
Insured Not Entitled to IRBs and Visitor's Expenses as he was Driving Without the Owner's Consent (pdf)
|
| 2006-05-22 |
Catastrophic Impairment Assessment: Disputing the evidence of a GCS score of less than 9 (pdf)
|
| 2006-05-08 |
Awarding Interim Expenses (pdf)
|
| 2006-05-01 |
Was the Insured Injured as a Result of an Accident ? (pdf)
|