Hagley v. Intact, 2021 CanLII 69278 (ON LAT) – Case Comment

Escaping the MIG: A chronic pain case and legal analysis The applicant (hereafter “H”) was injured in a motor vehicle accident (or MVA) on October 31, 2016. She sought accident benefits pursuant to the Statutory Accident Benefits Schedule (or “SABS”) from Intact Insurance Company (hereafter “Intact”). In particular, H sought medical-rehabilitation (or “med-rehab”) benefits including for psychological services quoted at $3,246.09. Intact denied H’s claim for psychological services, since its view was that her accident-related impairments were predominantly minor in nature and, hence, were subject to treatment within the limits established in the Minor Injury Guidelines (or “MIG”) (i.e. up…

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Janaratharajan v. Aviva, 2021 CanLII 76646 (ON LAT) – Case Comment

Escaping the MIG: A psychological impairment case and legal analysis The applicant (hereafter “J”) was injured in a motor vehicle accident (or MVA) on September 15, 2018. She sought accident benefits pursuant to the Statutory Accident Benefits Schedule (or “SABS”) from Aviva Insurance Canada (hereafter “Aviva”). In particular, J sought medical-rehabilitation benefits in the form of a physiotherapy program and psychological assessment. Aviva denied her claims for physiotherapy and for a psychological assessment, because it took the position that all of the applicant’s injuries arising out of the MVA fell under the category of a “minor injury” as defined in…

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Tips for avoiding burnout in law

Gain knowledge of helpful strategies If you are a young lawyer, you have probably already heard about the issues of stress and burnout in the legal profession. According to some sources, lawyers experience higher rates of divorce, illness, depression and suicide than other professionals. Some sources of legal workplace stress include: There is a certain amount of conflict that is inherent in any legal dispute. Many are framed as zero-sum games, where one party’s “win” is the other party’s “loss”; Clients whose expectations about the outcome are not reasonable; Competition for jobs/promotions; Unpredictable schedules; Pressure to perform well; or The…

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Tips for young lawyers thinking about leaving practice

Learn more about important factors in this decision There are many reasons a lot of young lawyers are exiting the profession. In her research paper “Leaving Law and Barriers to Re-entry” (2013), professor Fiona Kay identified four categories: 1) establishing and maintaining a work/life balance and desirable daily routine; 2) organization structures; 3) pursuit of other interests; and 4) burnout. Some problems with organization structure with regards to law firms include, for example, how an undue emphasis on profit and billable hours can lead to a stressful work environment, how weak prospects for promotion at a firm can be a…

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What is Municipal Liability?

Acquire knowledge of the civil action against a government and/or its agents for accidents that occur on municipal property General background Municipal liability is civil liability in situations where the actions of a municipal corporation, a municipal body or agent causes someone to sustain an injury. Examples include: accidents in a recreational facility run by a municipality; slip and fall accidents on municipal venues; and MVAs involving municipal vehicles such as police cars, postal trucks and public transit vehicles. Sometimes, in lawsuits alleging municipal liability, the issue might arise as to whether it is the government or some other entity…

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The Nonearner Benefit

Most common questions and their answers 1- What is the nonearner benefit (or “NEB”)? The nonearner benefit provides financial support to the insured if he/she was not employed or was retired or was a full-time student or recent (elementary, high school, university, college) graduate at the time of the accident. 2 Who pays for the nonearner benefit? Your insurance company 3- What is the legal test for entitlement to the nonearner benefit? The insured person must satisfy one of the following conditions: He/she suffers “a complete inability to carry on a normal life as a result of and within 104…

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What is the procedure of an accident benefit lawsuit?

Acquire knowledge of the six main stages of an accident benefit claim In 2016, the procedure in AB lawsuits fundamentally changed when the Licensing and Appeal Tribunal (“LAT”) took over jurisdiction over ABs from the Financial Services Commission of Ontario (“FSCO”). Below is our summary of an informative continuing legal education paper entitled “Latest Word on Procedure, Process and Best Practices in Accident Benefit Litigation” (2019) by lawyers Sven Mascarenhas and Catherine Wilde from the 2nd Motor Vehicle Litigation Summit. Claims Stage Initially, the insured applies to the insurer for one or more benefits, the insured and insurer exchange information,…

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What are Long-Term Disability Benefits?

Most common questions and their answers What are long-term disability benefits? Long-term disability benefits provide financial assistance to covered employees or self-employed individuals whose disability prevents them from working. Although there are some general aspects of these benefits, outlined below, the details are always set out in the employee’s insurance policy. Who is eligible for long-term disability benefits? A person is eligible to receive long-term disability benefits if they: are covered under a disability insurance policy; were actively employed when they became unable to work due to disability; have a medical condition that makes them unable to perform the regular…

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The Income Replacement Benefit

Most common questions and their answers Video Description: If you were injured in a motor vehicle accident and were employed or self-employed at the time, you may be entitled to the income replacement benefit. This is an accident benefit that is available to you if your injury from the accident prevents you from being able to work or work to the same extent. To make a claim for the income replacement benefit, the first step is to notify your insurance company within seven days of the accident or as soon as practicable afterwards. The insurance company will send you the…

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What is Occupier’s Liability?

Find out about the action in negligence against owners and occupiers of real property by persons and some recent examples (in grey) 1- General background Occupiers’ liability is the area of law about the duty of care owed by the owners and occupiers of real property (i.e. land) to those who enter their property. This area of law is set out in the Occupier’s Liability Act (“OLA”), R.S.O. 1990, c. O.2, as well as the common law (i.e. case law). An “occupier” of real property is either a) someone who is in physical possession of the premises or b) someone…

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