CASES WE'RE PROUD OF

Jason and Kadey
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AIG and Robinson
2024-11-11
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AIG and Robinson
2024-11-11
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Campbell v. Economical Mutual Insurance Company, 2024 ONLAT 21-002763 AABS
2024-09-10
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Economical v. Primmum
2024-05-30
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Chubb Insurance Co. of Canada v. Zurich Insurance Company, 2024 ONSC 2929
2024-05-23
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Feller v. Economical Insurance Company, 2024 ONLAT 21-014434/AABS-R
2024-05-16
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Rahvar v. Economical Insurance, 2024 ONLAT 23-009837/AABS-PI
2024-04-29
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Hadi v. Economical Insurance Company, 2024 ONLAT 21-009686/AABS-R
2024-04-03
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Roble v. Chubb Insurance 2023 ONLAT 23-002811/AABS-PI
2024-03-12
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Anderson v. Economical Insurance, 2024 ONLAT 22-011735/AABS
2024-03-05
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Sonnet Insurance Company v. Sarassra, 2024 ONLAT 22-004161/AABS
2024-02-09
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Majumder v. Sonnet Insurance Company 2024 ONLAT 23-005475/AABS-PI
2024-02-07
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Zeid v. Economical Insurance, 2024 ONLAT 23-006484/AABS-PI
2024-02-02
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Tse v. Economical Insurance Company, 2024 ONLAT 22-001701/AABS
2024-01-11
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Abd EI Hadi v. Economical Insurance Company, 2024 ONLAT 21-009686/AABS
2024-01-10
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Mohammed v. Economical Insurance Company, 2024 ONLAT 21-011586/AABS
2024-01-04
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Bridgmohan v Economical Mutual Insurance Company, 2023 CanLII 123435 (ON LAT)
2023-12-28
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Ji v. Economical Insurance Company, 2023 ONLAT 21-0148997/AABS
2023-12-27
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Lembesis v. Economical Insurance, 2023 ONLAT 21-009313/AABS
2023-11-27
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H.A. v. Saskatchewan Government Insurance, 2023 SKAIA 035
2023-11-20
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Saab v. Economical Mutual Insurance Company, 2023 ONLAT 21-012807AABS
2023-10-25
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For anyone who gets an argument from opposing counsel about deficient notice letters, check out this decision. Not only does it reiterate the well established principle that insurers are not doctors, and their notice letters do not need to be perfect. This decision also held that insurers do not need to “refer to specific pieces of evidence” in their denial letters.
21-007004/AABS Brounilnta Retezepai vs. Economical Insurance Company
2023-09-13
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The Applicant claimed to have a diagnosis of a concussion but the LAT agreed that the “?” next to the word concussion meant there was no diagnosis.
O.C. v. Saskatchewan Government Insurance, 2023 SKAIA 024
2023-08-08
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Del Grosso v. Intact Insurance Company, 2023 CanLII (ON LAT)
2023-05-23
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This is the case involving an Ontario man, who misrepresented in his Application for Insurance, then had an accident in Michigan and elected to receive Michigan benefits, then got caught in the misrepresentation.
John JORDAN and William NEILSON v. Commonwell Mutual Insurance and Finnegan Insurance Brokers.
2023-02-02
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Del Grosso v. Intact Insurance Company, 2023 CanLII (ON LAT)
2023-01-04
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Interesting accident benefits decision where the applicant was barred from receiving IRBs due to material misrepresentations in his application for insurance. The applicant was ordered to repay $72,881.74 to the insurer plus interest.
John Jordan and William Neilson v. The Commonwealth Mutual Insurance Group and Finnegan Insurance Brokers Ltd.
2022-10-06
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Robinson v. AIG, 2022 CanLII 70250 (ON LAT)
2022-08-03
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Successful Reconsideration decision confirming the Insurer was not obligated to pay any further benefits and the LAT Application was dismissed.
Canning v. Security National, 2022 CanLII 53759
2022-06-17
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A LAT decision dismissing claims for NEBs, interest and a s. 10 award.
Economical and Intact
2021-07-19
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Economical policy provided coverage for temporary replacement vehicle under the OAP 1, meaning that it was the priority insurer and could claim loss transfer against Intact.
Dockstater and Technology Insurance Company
2021-04-13
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Successful motion for production of prior AB claims file and medical records more than three years prior to the current MVA.
Algoma and Co-Operators
2021-03-23
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Important priority decision confirming the consequences of Co-Operators' deflection of the claim to Algoma, with optional benefits under the Co-Operators policy.
Galit v. Technology (LAT 19-011457)
2021-02-01
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Interim decision requiring the Applicant to produce outstanding productions and for summonses issued to third parties for employment and LTD records.
Tadeson v. Unifund Assurance Company, 2020 ONSC 7726
2020-12-16
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Successful opposition to a motion for summary judgment to recover $62,264.74 following a suspicious fire loss and allegations of money laundering.
O. S. v. Travelers (LAT 18-003385)
2019-12-18
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Adjudicator Robert Watt, in his recent Reconsideration Decision of December 18, 2019, upheld a prior LAT decision denying the claim that his injuries arising from a motor vehicle accident fell outside of the Minor Injury Guideline. In doing so, Adjudicator Watt maintained what has long been accepted by both FSCO and the LAT alike: a diagnosis of chronic pain will not in and of itself automatically remove an insured/applicant from the MIG.
18-002240 v Certas Home and Auto Insurance Company, 2019 CanLII 43897 (ON LAT)
2019-05-08
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LAT Hearing confirming applicant was not principally dependent upon his father for finances and therefore not an "insured person".
17-007961 v The Personal Insurance Company, 2018 CanLII 115671 (ON LAT)
2018-10-09
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Written LAT Hearing dismissing claims for MIG and various OCF-18s.
Davies v. Clarington, 2018 ONSC 4370 (CanLII)
2018-07-16
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Following a 106-day trial, the plaintiff sought in excess of $60,000,000 in damages and was awarded $50,000, far less than the Defendants' offers to settle.
D.E. and Aviva (LAT 17-003342)
2018-06-12
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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
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The Supreme Court of Canada declined to give leave to appeal, without reasons (as is customary.
17-002301 v The Personal Insurance Company, 2017 CanLII 77345 (ON LAT)
2017-11-07
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Written LAT Hearing confirming "Ferawana" argument did not apply - Application dismissed.
Intact and Aviva
2017-09-15
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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.
Reeks and State Farm (FSCO Appeal P16-00046)
2017-06-23
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Successful appeal confirming dismissal of accident benefits claim due to failure to notify the Insurer of the claim within 30 days of the accident.
Adesina John v. RBC, 2017 ONFSCDRS 144 (CanLII)
2017-05-19
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FSCO Appeal pertaining to an order that the Applicant's paralegal personally pay the costs of a frivolous proceeding.
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.
RSA v. Corona, [2017] O.J. No. 1215
2017-03-08
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Successful motion to stay a related Small Claims Court matter pending the Insurer's Superior Court action to recover damages for breach of contract & fraudulent misrepresentation from an alleged staged motor vehicle accident and related claim for accident benefits.
Davies v. Clarington, 2016 ONSC 6636 (CanLII)
2016-10-25
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A mid-Trial ruling that the Plaintiff's proposed expert accounting witness was not an Expert Witness under the Rules.
16-000338 v The Personal Insurance Company, 2016 CanLII 106586 (ON LAT)
2016-10-20
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Interesting LAT Motion Decision confirming that a recording of an expert made without notice to the expert was not admissible.
Gupta v. State Farm, 2016 ONFSCDRS 228 (CanLII)
2016-08-30
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FSCO arbitration proceeding dismissing claims for NEBs, MR and a Special Award. The Applicant was ordered to pay $22,340 in costs.
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.
State Farm v. Old Republic, 2015 ONCA 699
2015-10-20
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Precedent setting Court of Appeal decision confirming proper interpretation of Rule 9 of the Fault Determination Rules.
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.
Robinson v. Northmount School for Boys, 2014 ONSC 2603 (CanLII)
2014-05-02
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Successful appeal from a Master's decision requiring the Defendant to answer certain questions and produce documents not covered by a statutory privilege found in the Education Act.
Epstein Equestrian Enterprises Inc. v. Frank Jonkman and Sons Limited, 2013 ONCS 78 (CanLII)
2013-06-05
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After a 32-day trial, the action was dismissed.
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.
Okafor v. Markel, 2009 CanLII 38786 (ONSC)
2009-07-21
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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
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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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