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MIG Constitutional Challenge Rejected on FSCO Appeal
by Jason Frost 2018-10-17
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In Abyan and Sovereign (FSCO Appeal P17-00068, October 5, 2018), Delegate Evans quashed the Arbitrator's decision and remitted Mr. Abyan's non-MIG claims back to arbitration (likely with a different FSCO Arbitrator as ADR Chambers' contract with FSCO has ended and the original hearing arbitrator is no longer with ADR Chambers).


The constitutional assessment of the MIG was completed in a "factual vacuum". Before concluding that it was discriminatory to limit those suffering from chronic pain to the MIG limit of $3,500, the Arbitrator should have determined whether the claimant suffered from chronic pain and whether the chronic pain was related sequelae to predominantly minor soft tissue injuries.

Can We Finally Put Ferawana and M.F.Z. to Rest?
by Jason Frost 2018-10-15
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In Zheng, Cai v. Aviva Insurance Company of Canada, 2018 ONSC 5707, the Divisional Court reverses the unsettling position of FSCO and the LAT that s. 38(8) non-compliance results in the entire claim being taken out of the MIG.

Dismissal of CAT Claims: Validity Testing, Reconstruction Evidence and Surveillance
by Jason Frost 2018-03-08
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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.

Ontario Government Announces SABS Reform
by Jason Frost 2017-12-05
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The related legislation has yet to be implemented, but the Ontario Government's Press Release suggests:



  1. many assessments for non-serious claims will be eliminated;

  2. new 'standard treatment protocols' will be introduced for "one size fits all' treatment for certain impairments or combinations of impairments;

  3. cash payouts or settlements are going to be restricted or eliminated; and

  4. fraudulent claims and systemic fraud will be more aggressively prosecuted by a new "Serious Fraud Office".

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.

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

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

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