In the recent FSCO decision of Aydemir and Aviva (FSCO A14-003170), Jason Frost successfully obtained a dismissal of claims for Catastrophic Impairment, Non-Earner Benefits, 24 hour Attendant Care and related Treatment Plans.
The related legislation has yet to be implemented, but the Ontario Government's Press Release suggests:
- many assessments for non-serious claims will be eliminated;
- new 'standard treatment protocols' will be introduced for "one size fits all' treatment for certain impairments or combinations of impairments;
- cash payouts or settlements are going to be restricted or eliminated; and
- fraudulent claims and systemic fraud will be more aggressively prosecuted by a new "Serious Fraud Office".
In an eagerly anticipated Superior Court decision, Justice Belobaba dismissed a personal injury lawyer’s constitutional challenge to sections 267.5(1) and 280 of the Insurance Act.
This Priority Arbitration decision confirms student loans and lines of credit are a neutral factor when assessing financial dependency.
Arbitrator Musson confirms an assault is an intervening event breaking the chain of causation between the use of the vehicle and the injuries suffered by the Applicant.
In R.H. and TD Insurance Meloche Monnex, 2017 CanLII 1555 (ON LAT), the LAT moves in lock step with previous FSCO and LAT decisions with regards to the harsh remedies for technical violation of section 38.
The Interplay between FSCO and LAT Treatment of Mediation, Limitation Period Exception - Mussa and Aviva Canada, FSCO A16-004253
CERTAS (Stuckless) v. ACE INA, Arbitrator Bialkowski, December 22, 2016