Stacey Stevens Posts
On January 4, 2013, I discussed two key decisions requiring an Accident Benefit Insurer to pay its insured an attendant care benefit based on a Form 1 Assessment of Attendant Care and not the costs associated with obtaining this service or the economic loss suffered by the care provider in doing so.
On July 26, 2013, the Ontario Court of Appeal, in...
The Ontario Divisional Court has upheld a decision of a Trial Judge whereby he refused to admitted evidence from his treating medical and rehabilitation specialists based on the ruling that they did not meet the requirements under Rule 53.
Justice Lederer, on behalf of the court, acknowledge the existence of a line of cases which stand for the proposition that treating med/rehab witnesses and insurer examination assessors fall into a category of expert witness that are exempt from the...
To date, the most common arguments for expert bias arise out of the expert’s relationship with the retaining party and the expert’s failure to consider all of the material facts and/or provide unsubstantiated opinions.
In Amertek Inc. v. Canadian Commercial Corp, the plaintiff successfully argued that an expert’s relationship with the defendant was enough to establish a lack of independence. In Amertek, the defendant...
On January 1, 2010, the Rules of Civil Procedure were amended following recommendations arising out of the Civil Justice Reform Project. In order to ensure independence, fairness and objectivity, expert witnesses must sign an Acknowledgement of Expert’s Duty recognizing his/her duty is to the court and not the party who has retained him.
Further, expert reports must contain specific information including...
Esther J. Roche
Changes to Section 3 of the Statutory Accident Benefits Schedule (“the SABS”) were introduced by the Government of Ontario on September 1...
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... |
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...
Brokers Beware - Failure to properly explain optional benefits gives rise to a breach of duty of care
February 8, 2012 by Stacey Stevens
Has your insurance broker taken the time to properly explain the Statutory Accident Benefits Schedule Optional Benefits to you and your family members when you renew your car insurance policy?
As a result of the recent Ontario Superior Court of Justice decision in Zefferino v. Meloche Monnex Insurance you may find your broker spending a little extra time going through these benefits with you when your policy comes up for renewal.
On May 27, 2005, Ms. Zefferino...
December 22, 2011 by Stacey Stevens
A full summary of the decision will be posted immediately after its release.
December 14, 2011 by Stacey Stevens
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...