Challenging a MIG Determination

Discover Limits to the Tribunal’s Jurisdiction or Ability to Hear This Issue A recent case, Bobak v. Travelers Insurance[1], explored whether the License Appeal Tribunal (“Tribunal”) has jurisdiction over a matter in which the above issue is the only issue in dispute. Mr. B was injured in a MVA on September 16, 2017. He sought statutory accident benefits from Travelers Insurance. Travelers denied his claims. He challenged this denial to the License Appeal Tribunal (Tribunal). The issue in the proceeding is whether Mr. B’s injuries fall within the definition of the Minor Injury Guideline (MIG). However, the insurance company brought…

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Lacroix v. Wawanesa Mutual Insurance, 2021 ONLAT 20-004333 (CanLII) – Case Comment

Learn more about a recent case that illustrates a number of topics I have discussed recently in my blog posts – exceptions to the MIG limits In Lacroix v. Wawanesa Mutual Insurance[1], the Applicant Mr. L had been injured in a motor vehicle accident on January 17, 2017 and applied for statutory accident benefits from Wawanesa Mutual Insurance (“Wawanesa”). The mechanics of the accident was that he was travelling through an intersection facing a green light when a vehicle in the opposing lane of traffic suddenly turned left and collided with his vehicle. In particular, Mr. L claimed: $2,148.93 for…

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Procedural Fairness in LAT Proceedings

Find out about some examples where an insurance company failed to meet the minimal requirements of fairness Lockyear v. Wawanesa Mutual Insurance Company[1] is a recent case where an appeal to the Superior Court of Justice, from a decision of the License Appeal Tribunal (LAT) rejecting the insured’s application to be designated as catastrophically impaired, was granted on the basis that the LAT hearing and reconsideration breached the duty of procedural fairness. Procedural fairness is recognized by the courts as a central principle of Canadian administrative law. Procedural fairness refers to the right to be heard, for someone to participate…

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Spinal Injuries

Location and Definition The spine consists of 33 vertebrae (or bones) and runs from the base of the skull to the tailbone (called the coccyx). It is divided into five functional areas: cervical spine, thoracic, lumbar, sacral and coccygeal. Function The spinal cord transmits motor information from the brain to the muscles and transmits sensory information from the skin, joints etc. to the brain. The spinal cord can also produce responses (called reflexes) by receiving sensory messages and sending motor messages without any input from the brain. Injuries The spinal cord can be injured at any point along its axis.…

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Skateboard Safety in Malls

An interesting recent case One’s personal safety can be affected in many ways at malls – accidentally being run into by people not paying attention, slipping on wet floors and tripping on objects brought into the mall by patrons. Here, we examine a case, called Drummond v. Cadillac Fairview Corp., where a man tripped over a skateboard in the food court and sued the mall-owner for occupier’s liability. First instance[1] The plaintiff was having something to eat at the food court with his daughter and fiancé. When he went to get a refill of his drink, he tripped over 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 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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