Print This PageNew Accident Benefit Cases
1. In respect of accidents before September 1, 2010, a "completed application for benefits" in a priority dispute need not take the form of an OCF-1. The document need only provide sufficient particulars to reasonably assist the insurer with processing the application, identifying the benefits to which the applicant may be entitled, and assessing the claim: ING Insurance Company v. TD Insurance Company, 2010 ONCA 559
2. Improper termination of IRB benefits does not oblige an insurer to pay IRB benefits in the absence of disability entitlement. A claimant must prove disability entitlement under the SABS: Stranges v. Allstate Insurance Company, 2010 ONCA 457.
3. LTD benefits could not be deducted from the income replacement benefits paid by the accident benefit carrier where the LTD carrier initially disputed the insured’s entitlement to LTD and eventually arrived at a lump sum settlement with the insured: Vanderkop v. Personal Insurance Company of Canada, [2009] O.J. No. 2616 (C.A.).
4. Court ordered the plaintiff to submit to cross-examination on a supplementary affidavit of documents about the nature of the content posted on Facebook: Leduc v. Roman, [2009] O.J. No. 681 (S.C.J).
5. Where an insured has a GCS score of 3 approximately 16 minutes post accident which increases to 14 approximately 42 minutes post accident and stays at or above that level, a catastrophic impairment has been sustained so long as a brain impairment is found to be present: Liu v. 1226071 Ontario Inc. (c.o.b. Canadian Zhorong Trading Ltd.), [2009] O.J. No. 3014 (C.A.).
6. Absent rare and exceptional circumstances, information about reserves is irrelevant and not producible: Uka v. Aviva Canada Inc., [2009] O.F.S.C.D. No. 94 (Appeal).
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