The Effectiveness of Nonproduction Arguments and the Persuasiveness of Uncontradicted Objective Medical Evidence

Case Study of Liu v. Certas Direct Insurance Company, 2023 CanLII 1452 (ON LAT) Liu v. Certas Direct Insurance Company is a recently published case that both indicates that an insurance company’s argument of nonproduction is ineffective if they failed to make a thorough investigation and also explores treatment of an accident benefits applicant’s medical evidence where uncontradicted by opposing evidence. In this case, the applicant was injured in a MVA that happened on June 23, 2019. She applied for accident benefits and, after the respondent insurer denied certain of these benefits, applied to the License Appeal Tribunal for dispute…

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Injured in a Car or Truck Accident?

Injured in a Car or Truck Accident?

Tips on what to do after an MVA In the unfortunate event you are involved in a car or truck accident, there are a number of things you can do to protect your rights and avoid making common mistakes. The first priority should be to assess your condition and that of other drivers or passengers involved in the accident. If anyone is injured, call an ambulance and move your vehicle to the shoulder to ensure the safety of other motorists. If there is property damage or anyone is injured, you ought to call the police to report the accident; a…

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Consequences for Unreasonable Delay

Explore What May Happen if an Insurance Company Unreasonably Delays Payment This issue was the central focus of the recent decision of the License and Appeal Tribunal (“Tribunal”) called Blas v. Aviva Insurance Canada.[1] Ms. B was injured in a MVA on August 24, 2017. She sought statutory accident benefits from Aviva. Aviva denied most of her requested benefits on the grounds that they were not reasonable and necessary. Ms. B applied to the Tribunal for dispute resolution. An applicant has the onus of proving that the proposed treatment, its goals and cost, are all reasonable and necessary.[2] The particular…

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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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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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What are Short-Term Disability Insurance Benefits?

Most common questions and their answers 1- What are short term disability insurance benefits? Short-term disability insurance benefits are an income replacement for employees while away from work for a brief period and unable to perform their employment duties due to a disability or illness. A “disability” is a physical or mental condition that prevents the employee from working. 2- Who qualifies for short-term disability benefits? If a person is employed and they have short-term disability benefits coverage at the time they become disabled, then they qualify to receive short-term disability benefits. 3- How can I find out if I…

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Don’t Stress- Insurance Policies Have You Covered!

Driving from one place to another has become a part of our daily life in such a way that we don’t even think of the small details anymore. As drivers, we have insurance policies in place, but most of us don’t know what it is that we are getting. We make payments with the expectation that if we get into an accident there is nothing to worry about because our insurer will pay for the damages. When placed in such unfortunate circumstances, we come to realize that our insurance company provides us with more than just car replacements, damage coverage,…

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