January 4, 2013 by Stacey Stevens
With the return of the definition for the term "incurred", Insurers have been applying various interpretations of this term in order to reduce or limit the amount of attendant care payable since September 1, 2010.
Recently, FSCO released a decision with respect to an Insurer’s attempt to pay the attendant care benefit based on the minimum wage applicable to the Insured’s residency rather than the Form 1 hourly rate. While this decision relates to a collision, which...
December 19, 2012 by Stephen Birman
A recent decision (Eniko Rakosi v. State Farm Mutual Automobile Insurance Company1) at the Financial Services Commission of Ontario ("FSCO") held that applicants at FSCO may in the course of pre-arbitration disclosure under the Dispute Resolution Practice Code (DRPC) be required to produce photographs created and posted on their Facebook and other social networking sites during the period in which an applicant was in receipt of, or is applying for accident benefits.
The case involving the...
December 11, 2012 by David MacDonald
Stacey L. Stevens
Partner | Thomson, Rogers
In the Fall 2005, Volume 6, 3rd Issue of the Accident Benefit Reporter, the writers addressed the topic, "Attendant Care Benefits under Bill 198: Who, What, When, Where and How". The substance of the article was to suggest that family members were entitled to attendant care in most instances where they took time away from other activities that had economic value in order to care for their seriously injured family member.
A second article...
December 7, 2012 by Leonard Kunka
A recent FSCO decision of Arbitrator Wilson provides an answer to the question of whether an insurer gets credit against Income Replacement benefits, for a lump sum CPP Disability payment received long after an accident.
The insured, Leroy Pries applied for and received accident benefits, (and in particular the IRB benefit) from Economical Mutual Insurance Company following a motor vehicle accident of September 3, 2007.
Mr. Pries applied for a CPP Disability benefit and was notified on March 3, 2010 that...
July 13, 2012 by Ian Furlong
If you have lived in the City of Toronto for any period of time, you have no doubt noticed designated lanes for cyclists springing up on roads all over our city. For the non-cycling motorists, these are those funny narrow lanes directly to your right between the curb lane for motor vehicle traffic and the sidewalk.
Although I have not reviewed any statistics for the prevalence of motor vehicle accidents involving cyclists on roadways with designated lanes for cyclists vs. roadways...
June 26, 2012 by Thomson Rogers
Overcharging experts beware – no longer will the courts simply rubber stamp disbursements claimable against a losing party.
While the courts have historically been relatively assertive in assessing legal fees, and in making sure that the time spent and the fees charged by counsel were reasonable; they have historically been relatively passive in their approach to assessable disbursements. Presumably the courts avoided challenging disbursements since the disbursements claimed...
June 4, 2012 by Stacey Stevens
Mrs. R. was hurt in a car accident on July 17, 2005. She only placed State Farm on notice of her claim on December 17, 2007, following an episode of severe back pain. The notice was received by State Farm well outside the requirements of section 31 of the SABS which obliges an insured to give notice of any claim within 7 days following the collision or as soon as practicable.
At the time of the collision, Mrs. R. was providing 24/7 attendant care to her husband who had sustained...
May 17, 2012 by Leonard Kunka
Associate | Thomson, Rogers
With the near tropical winter most Ontarians experienced this year, the number of cyclists on our roads in January and February was higher than ever. This naturally led to a rise in the number of accidents involving bicycles and motor vehicles. Despite the obvious coverage available to an injured pedestrian or cyclist who has been struck by a motor vehicle, the question emerges as to what...