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Court Rejects Constitutional Challenge of LAT Barrier to Court Actions for SABS Disputes
by Jason Frost 2017-06-05
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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.

Post Secondary Students Depend(ent) On Their Parents
by Jason Frost 2017-04-20
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This Priority Arbitration decision confirms student loans and lines of credit are a neutral factor when assessing financial dependency.

It's not by Accident that an Assault is not an Accident
by Kadey B.J. Schultz 2017-04-19
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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.

The Madness of Income under the SABS
by Thomas Hughes 2017-02-16
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In a recent decision, ADR Mongeon wrestles with the curious case of income never received.

Court Says No To Looking Beyond The Chain To Bypass 'Leapfrogging' Bar
by Thomas Hughes 2017-02-14
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Ontario court sheds light into the word “all” in subsection 9(3) of the Fault Determination Rules to confirm the "chain reaction" means only automobiles A, B, and C as depicted in the diagram and confirms no “leapfrogging” in chain reaction collisions.

Babcock v. Destefano - The Case of the Disappearing Expert
by Elka Dadmand 2017-02-09
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While a disappearing rabbit in a hat makes for an interesting magic trick, the case of Babcock v Destefano 2016 ONSC 7380 reflects the risks of an expert who disappears after the retainer has been accepted.

A Subjective Test for Self-Employment
by Thomas Hughes 2017-02-07
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In a new FSCO arbitration, the new statutory definition of “Self-Employed Person” gets boiled down to a subjective test.

What is an Accident? If it looks like a duck...
by Cody Moskovitz 2017-02-02
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In Carr and TD, Director Delegate Feldman covers the field of what constitutes an accident.

Timely OCF-18 Denials, or No MIG Defence
by Rebecca Udler 2017-01-31
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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 90 Day Lacuna
by Rebecca Udler 2017-01-26
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The Interplay between FSCO and LAT Treatment of Mediation, Limitation Period Exception - Mussa and Aviva Canada, FSCO A16-004253

Early Investigation Reaps Results
by Thomas Hughes 2017-01-24
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In Randhawa and State Farm, 911 recordings and other contemporaneous sources show no automobile involved in the loss.

A Derivative Bad Faith Claim?
by Thomas Hughes 2017-01-19
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Son’s claim he was deprived of his mother’s care, guidance and companionship from insurer’s mismanaging of mother’s claim “not plain and obvious” to fail

Reconsider This
by Thomas Hughes 2017-01-17
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The first use of the Reconsideration allowed under Rule 18 of the LAT Rules

Section 55 Comes Back to Life
by Thomas Hughes 2017-01-12
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Two fresh decisions give teeth to section 55 and the procedural fairness considerations of that section.

Self Insured Retention and Loss Transfer
by Nina Plotnik 2017-01-09
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CERTAS (Stuckless) v. ACE INA, Arbitrator Bialkowski, December 22, 2016

It's True - The Schultz Frost Blog is here!
by Thomas Hughes 2017-01-06
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Welcome to our Blog. Because it's 2017.

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