CASES WE'RE PROUD OF

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Raja and Arch (FSCO A15-004857)
2017-04-17
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This FSCO decision confirms an assault is an intervening act breaking the chain of causation between the use of a vehicle for a motoring purpose and the direct cause of the injuries. Despite the contemporaneous use of the insured taxi, this was not an accident under the SABS.
Fraser and RBC
2016-07-04
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In a precedent setting preliminary issue decision, Kadey Schultz secured a withdrawal of claims for Income Replacement, Attendant Care and Housekeeping Benefits as well as costs of $19,620.36 payable to RBC as a result of the fraudulent claim for IRBs.
TD v. Markel, 2014 ONSC 6461 (CanLII)
2014-11-12
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A successful Loss Transfer Appeal confirming that an insurer who fails to properly transfer priority for an accident benefits claim cannot claim loss transfer. $14,000 awarded in costs.
Howell and Chartis (FSCO A12-000029)
2014-07-30
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FSCO Preliminary Issue Motion dismissing IRB claim as an abuse of process.
State Farm v. Old Republic, 2014 ONSC 3887 (CanLII)
2014-06-25
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Superior Court Appeal of a private arbitration decision challenging the correct application of Rule 9 of the Fault Determination Rules. The entire industry awaits the appellate ruling from the Ontario Court of Appeal as hundreds of millions of dollars in potential indemnification claims remain pending.
Unifund and RBC
2012-08-02
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Private arbitration transferring priority of accident benefits claim. $10,500 awarded in costs.
Walsh v. Optimum, 2012 ONSC 3013 (CanLII)
2012-05-22
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Motion ordering Plaintiff to attend oral examination for discovery prior to a representative of the insurer. $6,000 in costs awarded.
Vaccaro v. Unifund, 2011 ONSC 5318 (CanLII)
2011-10-04
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Textbook opposition of motion to set aside registrar's dismissal of the action. Despite solicitor's negligence, the action was restored. $16,500 in costs awarded to the unsuccessful insurer.
Chung and Unifund (FSCO A09-000198)
2010-05-31
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Successful motion at the outset of the Arbitration Hearing excluding all of the Applicant's documentary evidence.
Frazer v. Haukioja, 2010 ONCA 249 (CanLII)
2010-04-07
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Medical malpractice case: Defendant doctor failing to diagnose talar fracture to plaintiff's right ankle, delaying informing plaintiff of existence of fracture after radiology report became available and downplaying seriousness of fracture -- Plaintiff discovering that fracture was serious and developing anxiety disorder with features of panic disorder -- Trial judge not erring in finding that causation between defendant's negligence in failing to inform plaintiff in timely manner of existence and seriousness of fracture and plaintiff's psychiatric condition was established on "but for" test.
Sebamalai and Nterekas and Royal & SunAlliance (FSCO Appeal P06-00037)
2008-06-02
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Appeal confirming the dismissal of the arbitration and costs against the legal representative, personally.
O'Shea v. Co-Operators, 2005 CanLII 35773 (ON CA)
2005-09-27
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Court of Appeal decision dealing with the AB settlement regulation and enforcement of settlement after the insured discharged their counsel.
Harril and Pilot (FSCO A04-000039)
2005-02-14
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FSCO Arbitration Decision dismissing housekeeping benefits claim.
Iankilevitch and CGU (FSCO Appeal P03-00013)
2004-08-31
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FSCO Appeal confirming s. 33 suspension of benefits and remitting matter back to arbitration to determine whether the Applicant had a reasonable explanation for the s. 33 non-compliance.

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