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 Aug 27, 2018 6:00 PM
by Gurpreet Farmaha

The decision in E.E v Aviva Insurance Company, 2018 CanLII 76415 (ON LAT) deals with a request for reconsideration by the respondent of parts of the decision issued by the Tribunal, including the finding that the applicant was entitled to attendant care benefit (including 24 hour supervisory care) alleged to have been provided by his wife, a registered PSW and RPN. At reconsideration, Associate Chair Stephen Jovanovich, agreed with the Tribunals analysis of “incurred”, and found that the test was satisfied under section 3 (7)(e) of the Schedule.

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Accident Benefits, Courts, Legislation / Regulation, News  

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 Aug 6, 2018 9:00 AM
by Kevin Mitchell

The February 23 and May 28, 2018 decisions of the Superior Court in Thomson v. Portelance and Canfield v. Brockville Ontario Speedway , respectively, 2018 ONSC 1278 and 2018 ONSC...

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Legislation / Regulation, Torts  

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 May 14, 2018 5:00 PM
by Neil Reeves

What’s Reasonable?

That is of course a subjective question and one that you won’t find an explicit answer for in the case of Konopka v. Traders. However, you...

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Coverage, Legislation / Regulation, Torts  

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 Jan 15, 2017 10:15 PM
by Daniel Strigberger

Can the definition of “owner” under the Dog Owners’ Liability Act include someone who does not have dominion and control over the dog? The Court of Appeal for Ontario says...

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Courts, Dog Owners' Liability Act, Legislation / Regulation, Torts  

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 Jan 11, 2017 8:45 PM
by Neil Colville-Reeves

The obligation of a Municipality to maintain a sidewalk and the Provincial Minimum Maintenance Standards were at the heart of a recent decision out of the Ontario Superior Court of...

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Courts, Legislation / Regulation, Municipal Act, Torts  

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 Jan 6, 2017 6:35 PM
by Kerry O'Connor

The year 2016 was not all that bad: The Superior Court finally provided some much needed guidance on whether an insurer can recover an overpayment made to an insured under...

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Accident Benefits, Courts, Legislation / Regulation  

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 Dec 6, 2016 3:27 PM
by Alexandra Wilkins

The Ontario Superior Court of Justice has recently found that there is no time limit to elect to proceed with an appraisal pursuant to Section 148 of the Insurance Act...

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Courts, Legislation / Regulation, Property  

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 Dec 5, 2016 11:14 AM
by Dan Inkpen

FSCO Director's Delegate Feldman has reversed an arbitration decision and has found that a child who fell off a parked fire truck at a birthday party was involved in an...

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Accident Benefits, Arbitrations, Coverage, Legislation / Regulation  

 Nov 28, 2016 9:00 PM
by Samis + Company

It has long been unclear from the attendant care provisions in the Statutory Accident Benefits Schedule (SABS 2010) whether the “economic loss” component of the “incurred” definition need only be...

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Accident Benefits, Arbitrations, Legislation / Regulation  
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