Expect more Charter challenges in benefit disputes

Law Times | by Michael McKiernan, quoting Stephen Birman | November 13, 2017

Law Times logo 150x46 The provincial attorney general’s failure to defend the constitutionality of its Minor Injury Guideline has helped open the floodgates to Charter challenges in accident benefit disputes, says a Toronto insurance lawyer. Under the Statutory Accident Benefits Schedule, the MIG limits medical and rehabilitation expenses to $3,500 for minor injuries, defined as one or more of … Continued

ABR Updater: Kathleen Wynne Taketh Away, But Canada’s Top Court Giveth Back

ABR Updater, Issue 42 | by Adam Tanel | November 2017

Just months ago the Wynne government stripped tetraplegics, amputees and brain injury survivors of important benefits (at the request of the insurance industry). However, in more recent news, the Supreme Court of Canada just made it easier for Plaintiffs to advance claims for mental/psychological damages. In the B.C. trial of Sadaati v. Moorhead, released earlier this year, a … Continued

“Reasons” for an Examination Under Oath

Aviva Insurance Company of Canada v. McKeown

team working together If requested by an accident benefits insurer, a person injured in a car accident “shall” submit to an examination under oath.  These examinations can take hours and cover all aspects of the accident, nature of the injuries, the types of benefits claimed, etc.  If a request for an examination under oath is made, the insurer … Continued