How often have you lent your car to a family member, friend or colleague without giving it a second thought? Perhaps it’s time you did. Recently, I was consulted by “Lisa”; a very distraught woman who had lent her car to her daughter, Susan, so she could take her friends to the movies. Unfortunately, what … Continued

If you are a health care professional who works with injured motor vehicle accident victims under Ontario’s statutory accident benefits system, you will no doubt have experienced an insurer’s denial of funding for a proposed treatment plan. Often, the insurer’s reason is that the proposed treatment is not “reasonable and necessary,” which is the governing … Continued

On December 6, 2017, Adjudicator Go confirmed that an insured is entitled to be paid attendant care benefit regardless of whether the Personal Support Worker (PSW) was working in his/her field at the time of the collision. In J.C.C. v. Echelon, 2017 CanLII 85731 (ON LAT) the insured sustained significant orthopaedic injuries in a motorcycle collision. A … Continued

In a recent costs decision, Aviva Canada (“Aviva”) was hit with a $237,017.50 substantial indemnity cost award. The decision was rendered by Madam Justice Sanderson following a jury trial between the Plaintiff, Maria Persampieri, and various defendants insured by Aviva.  The jury in the action had awarded the Plaintiff damages of $20,414.83 following an earlier … Continued

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