CASES WE'RE PROUD OF

Search For a Topic
D.E. and Aviva (LAT 17-003342)
2018-06-12
READ NOW
READ SUMMARY
A claimant who returned to work post-accident and then discontinued was found to not meet the substantial inability test. The insurer successfully argued the claimant lacked credibility and was an inconsistent historian about past injuries and claims.
Aviva v. Dittmann, 2018 CanLII 12956 (SCC)
2018-03-15
READ NOW
READ SUMMARY
The Supreme Court of Canada declined to give leave to appeal, without reasons (as is customary.
Aydemir and Aviva (FSCO A14-003170)
2018-03-05
READ NOW
READ SUMMARY
Complicated 13 day FSCO Arbitration resulting in dismissal of claims for a CAT Designation, 24 hour Attendant Care, NEBs and several Treatment Plans. Arbitrator Arbus accepted the Insurer's evidence that the Applicant was a malingerer who did not satisfy the onus of proving any accident related impairments that would give rise to entitlement.
Intact and Aviva
2017-09-15
READ NOW
READ SUMMARY
Interesting priority dispute decision dealing with the 'LICO' and 'big picture' approaches to financial dependency for an adult who earned "grey market" cash income prior to the accident.
Raja and Arch (FSCO A15-004857)
2017-04-17
READ NOW
READ SUMMARY
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
READ NOW
READ SUMMARY
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
READ NOW
READ SUMMARY
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
READ NOW
READ SUMMARY
FSCO Preliminary Issue Motion dismissing IRB claim as an abuse of process.
State Farm v. Old Republic, 2014 ONSC 3887 (CanLII)
2014-06-25
READ NOW
READ SUMMARY
Superior Court Appeal of a private arbitration decision challenging the correct application of Rule 9 of the Fault Determination Rules.
State Farm v. Old Republic, 2014 ONSC 3887 (CanLII)
2014-06-25
READ NOW
READ SUMMARY
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
READ NOW
READ SUMMARY
Private arbitration transferring priority of accident benefits claim. $10,500 awarded in costs.
Walsh v. Optimum, 2012 ONSC 3013 (CanLII)
2012-05-22
READ NOW
READ SUMMARY
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
READ NOW
READ SUMMARY
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
READ NOW
READ SUMMARY
Successful motion at the outset of the Arbitration Hearing excluding all of the Applicant's documentary evidence.
Okafor v. Markel, 2009 CanLII 38786 (ONSC)
2009-07-21
READ NOW
READ SUMMARY
Interesting motion to dismiss the personal injury action for delay due to failure to satisfy undertakings and against the background of a WSIB fraud conviction during relevant times.
Sebamalai and Nterekas and Royal & SunAlliance (FSCO Appeal P06-00037)
2008-06-02
READ NOW
READ SUMMARY
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
READ NOW
READ SUMMARY
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
READ NOW
READ SUMMARY
FSCO Arbitration Decision dismissing housekeeping benefits claim.
Iankilevitch and CGU (FSCO Appeal P03-00013)
2004-08-31
READ NOW
READ SUMMARY
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.
Copyright © 2015 SchultzFrost LLP. All Rights Reserved.     Terms of Use