Is Chronic Pain Included Under the Minor Injury Guidelines? The answer to this question according the Reconsideration Decision in the case of 17-000835 v. Aviva General Insurance Canada is NO. T.S. was injured in a motor vehicle accident on January 16, 2015 and sought funding from his insurer, Aviva General Insurance Canada (“Aviva”), for medical…

In October of 2019, the Court of Appeal released its decision in Benson v. Belair Insurance Company Inc. This was two appeals heard together involving different parties and accidents but with a common issue. Both cases involved Ontario residents who were operating off-road vehicles (an ATV and a dirt bike) outside of the Province of…

The Licensing Appeals Tribunal in the recent decision of [The Applicant] by his Guardian, K.R. vs. Unifund Assurance Company, 2019 Carswell Ont 7818 considered this very question. The Applicant was catastrophically injured in a collision on August 19, 2019.  As a result of the collision the Applicant was in a coma until his death a…

Young man with head injury - limitation periods on AB claims for minors

It is extremely important to understand what the limitation periods are with regards to minors receiving Statutory Accident Benefits (SABS). If your child was injured in a car accident, and is receiving Statutory Accident Benefits, then you might be interested in the February 2016 decision of the Financial Services Commission of Ontario (FSCO) in Moran v….

business man with smashed car

Many Ontarians are unaware that, when you have car accident in Ontario, there is no automatic right to sue the person who caused the accident.  In order to be able to sue, the person who is injured in a car accident needs to be able to prove that they have a serious and a permanent…

Subcontractor Construction Lien - Worker Closeup with Hardhat in Hand

For most Subcontractors, even the thought of registering a construction lien can be daunting. This uneasiness is often due to a lack of knowledge regarding the process and procedures of bringing a lien.  To help ease this uncertainty, I will provide a brief outline of the important dates and information needed to bring a successful construction lien. The…

Man sad on his computer

The decision of Daggitt v. Campbell, 2016 ONSC 2742 was recently released.  Madam Justice MacLeod-Beliveau was asked on a motion to compel a plaintiff to attend a defence psychiatry examination.  The plaintiff opposed the motion on two grounds.  First there was insufficient evidence to support the need for a psychiatry assessment.  Second, the plaintiff argued…

Man's Hand Putting Coin into a Car

This is Photoshop’s version of Lorem Ipsum. Proin gravida nibh vel velit auctor aliquet. Aenean sollicitudin, lorem quis bibendum auctor, nisi elit consequat ipsum, nec sagittis sem nibh id elit. Duis sed odio sit amet nibh vulputate cursus a sit amet mauris. Morbi accumsan ipsum velit. Nam nec tellus a odio tincidunt auctor a ornare…

airbag deployed

In 2014, the Ontario government introduced the Fighting Fraud and Reducing Insurance Rates Act.  It’s purpose was to provide a fair and cost effective way to resolve accident benefits disputes between insurers and insureds.  It did so by taking away a person’s right to start a court action in any cases where the dispute involved entitlement…

share the road with bikers

As a driver nothing is more frustrating than not knowing what other drivers or pedestrians are going to do. Many cities are trying to “go green” and are encouraging people to walk, ride a bike or use other green methods of transportation.  While this is great for the environment it also means that drivers are…

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