Posted January 6, 2015
The Plaintiff was involved in a motor vehicle accident in March of 2008 and applied for accident benefits in April 2008, including non-earner benefits, but did not file a disability certificate (OCF 3). Dominion sent the Plaintiff a denial of his claim in April 2008. In April 2011, the Plaintiff applied for mediation with respect […]
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In this decision, the FSCO arbitration unit finds that an insured can access retroactive attendant care benefits even when a Form 1 is submitted years after the period for which the benefits are claimed. Kelly was designated as catastrophically impaired as a result of a motor vehicle accident. Guarantee denied Kelly’s Form 1 application on […]
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The Plaintiff in this action was a passenger in a third-party vehicle. The third-party sought summary judgment of the third party claim on the grounds that there was no genuine issue for trial. Justice Perell noted that the motion materials did not provide any evidence that the third-party operated their vehicle in a negligent or […]
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On March 26, 2013, the first decision from the Financial Services Commission of Ontario concerning the Minor Injury Guidelines (“MIG”) was released. In this decision, Arbitrator Wilson found that the insured was entitled to seek benefits beyond the MIG limit because “[w]hen the totality of his injuries is assessed, they come outside of the MIG.” The arbitrator […]