Archive

Good News From the Ontario Court of Appeal

In a unanimous decision released on December 23, 2011, the Ontario Court of Appeal provided welcome relief to motor vehicle accident victims by ruling that both physical and psychological impairments can be combined when assessing the definition of "catastrophic impairment" as it relates to "impairment of the whole person" under section 2(1.1)(f) of the Statutory Accident Benefits Schedule (SABS). The Ontario Court of Appeal reversed the lower court decision in, Kusnierz...

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Permax Settlement Approved

We are pleased to announce that on December 15, 2011, the Honourable Justice Strathy of the Ontario Superior Court of Justice approved the settlement of the Permax class action. To view Justice Strathy's Order and for more information regarding the settlement please refer to the class action litigation section of the website under "Permax".



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The Ontario Court of Appeal set to release its decision in Kusinerz on Friday December 23, 2011

A full summary of the decision will be posted immediately after its release.



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Homeowner's Liability During the Holiday Party Season

On December 21, 2011 Stacey Stevens will be on Canada AM at 8:40 am discussing a homeowner's liability during the holiday party season.



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Payment of Interim Statutory Accident Benefits ordered after Arbitration hearing adjourned.

Kingsway General Insurance has been ordered to pay Julian Hotchkiss a non-earner benefit of $185 per week and an attendant care benefit of $5,910.80 per month plus legal fees following Kingsway’s request for an adjournment the Arbitration Hearing so it could appoint new counsel. 

In this instance, Kingsway hired Counsel to defend an Arbitration proceeding commenced by Mr. Hotchkiss from the same firm that represented him in a concurrent tort action creating a clear conflict of...

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Attendant Care Incurred Under the September 1, 2010 SABS

Insurers have been obliged to pay for "incurred expenses" for attendant care under successive Statutory Accident Benefit Schedules (SABS). Wawanesa v. Smith1 stood for the proposition that:

"… the word "incurred" is capable also of the wider meaning of "run into", "render oneself liable to", "bring upon oneself" or "be subject to". There is a wider sense in which the expenditure...

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75th Anniversary Donations

As part of our 75th Anniversary celebrations, we are proud to announce that we have been able to recently help the St. Michael's Hospital Foundation, the Brain Injury Association of Niagara and the Canadian Paraplegic Association - Ontario.

Over the year we have helped raise and donate over $350,000.00 to charities across Ontario.

Happy Holidays and good cheer to all, this very merry season!

Brain Injury Association of...

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Snowmobiles & Trailers
and
Carr Hatch
Carr Hatch

Associate | Thomson, Rogers

 

As summer comes to a close, and winter only a few months away, recreational enthusiasts’ thoughts turn to winter sports and to snowmobiling.

There is often...

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