Christopher Schnarr
Phone: 416.507.1803
Email: cschnarr@tgplawyers.com
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Recent and Notable Decisions of Chris Schnarr
M.L. v. Economical Mutual Insurance Company (FSCO Arbitration No. A09-001059)
Following a two week hearing, a FSCO Arbitrator concluded that the insured did not sustain a catastrophic injury. The insured sustained a serious brain injury and seizure disorder as a result of an accident in 1995. He claimed to have improved from that injury until a further head injury was allegedly sustained in an August 2003 accident. The hearing Arbitrator concluded that the insured had not discharged his burden of proof and had not established that the second accident materially contributed to his current condition. The Arbitrator concluded that the applicant was not entitled to non-earner benefits or attendant care benefits.
M.L. v. Economical Mutual Insurance Company (FSCO Arbitration No. A09-001059)
Following a motion for summary judgment the plaintiff's claims for punitive, aggravated, and exemplary damages, and damages for negligence were dismissed. The court found that the plaintiff was entitled to proceed with claims for breach of contract. The court also dismissed the plaintiff's claim for breach of fiduciary duty. The case concerned facts where an insured person continued to work for almost 8 years after an accident prior to making a claim for income replacement benefits. Wadhwani v. State Farm Mutual Automobile Insurance Company, 2010 ONSC 2479 (CanLII) - 2010 - 5 - 10
Update - Wadhwani v. State Farm Mutual Automobile Insurance Company, October 3, 2011 Superior Court of Justice - Plaintiff's action seeking income replacement benefits from August 18, 2005 to date and ongoing and assessment expenses dismissed by jury following 11 day trial before Madam Justice C. Brown.
Whipple v. Economical Mutual Insurance Co., FSCO Arbitration No. A09-002745 (Nov. 15, 2010). A FSCO arbitrator concluded that an insured was involved in an "accident" in accordance with the SABS, when he fell while attempting to perform a handstand/headstand manoeuvre in a limo van. The arbitrator found that the vehicle was a "party vehicle". She felt that the activities of the passengers were integral to the ordinary use of the limo bus. She did not conclude that the activity was so "off-beat" or extreme so as to remove it from satisfying the purpose for which the vehicle was used. Whipple v. Economical Mutual Insurance Co., FSCO Appeal No. P10-00020, (Oct.6, 2011). On appeal to the Director's Delegate, the underlying arbitration decision was upheld.
Rehsi v. Dominion of Canada General Insurance Company (FSCO Arbitration A06-002468, June 30, 2008) Claim for income replacement benefit's, housekeeping and home maintenance expenses and retraining expenses dismissed. The decision addresses section 5(2)(e) of the SABS as well as the rehabilitation provisions of section 15 of the SABS.
Lawrence v. ACE INA Insurance Company (FSCO Director's Delegate Appeal Decision, P-07-0007, May 16, 2008). This decision considered section 59(1) of the SABS, and whether a worker's election to sue in tort was made primarily to pursue a claim for statutory accident benefits.
CAA Insurance Company (Ontario) v. Dufferin Mutual Insurance Company (Private Arbitration Decision of Stephen Malach, July 26, 2007). This insurance priority decision considered the definition of "dependant" in the context of a young adult living with her mother.
Grummet v. Federation Insurance Co. of Canada (1999), 46 O.R. (3d) (S.C.J.). This case considered whether or not a race car was an "automobile" for the purpose of claiming Statutory Accident Benefits
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