Accident Benefits

E-scooters are becoming a familiar sight in Ontario. They’re popular because they are quick, affordable, and considered better for the environment than cars. Some people buy their own, while others use city pilot programs that allow rentals. With their rise in popularity, though, comes a rise in new risks and legal questions. Why E-Scooter Accidents Are Increasing Although they are convenient, e-scooters can also be dangerous. They move quickly, make very little noise, and are often used in places where there are a lot of cars or pedestrians. Many riders are still learning how to handle them properly, especially in…

Case Study of Grewal v. Echelon General Insurance Company[1] The applicant, JG, was involved in a MVA on October 1, 2020 and sought accident benefits. The respondent insurer, Echelon, paid med-rehab benefits up to the $3,500 Minor Injury Guideline (“MIG”) limit but denied further benefits, taking the position that JG’s injuries were minor. JG applied to the License Appeal Tribunal (“LAT”) for resolution of the dispute. The issues in this LAT proceeding were a) whether JG’s injuries were minor and b) whether JG was entitled to any of the disputed med-rehab benefits (for four physiotherapy treatment plans, one orthopedic assessment…

Case Study of M.A. v. Co-operators, 2023 CanLII 30777 (ON LAT) The recently published case of M.A. v. Co-operators illustrates the importance of an applicant’s medical records dating from before the MVA in question to the issue of causation in establishing that the MVA caused the applicant’s currently-experienced injuries and symptoms. The facts and issues The applicant was involved in a MVA that occurred on March 12, 2019. The respondent insurer categorized her injuries as being minor in nature and denied some of her claims to accident benefits that exceeded the Minor Injury Guideline. She applied to the LAT to…