Category Archives: Collateral Benefits

Various types of “collateral benefits” (e.g., statutory accident benefits, disability insurance, CPP, etc.)

DAC Assessment Does Not Preclude Insurer’s IME in SABS Lawsuit

In Baron v. Kingsway General Insurance Company, Superior Court Justice Gladys Pardu rejected the argument of a statutory accident benefits claimant, that the insurer was not entitled to its own medical assessment because a CAT-DAC assessment had already found him … Continue reading

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CPP Benefits Held Deductible from Income Loss Damages

In Meloche v. McKenzie, a decision of Mr. Justice Terrence Patterson, it was held that CPP disability benefits are deductible from an award of damages for pre-trial income loss in a Bill 59 motor vehicle case. It was also ordered … Continue reading

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Threshold Decision Favours Plaintiff But Jury Sees Case Differently

Regular readers of our Updates know that just when insurance defence lawyers and their clients were beginning to despair of ever winning a threshold motion, a series of decisions were handed down that favoured the defence. But a Superior Court … Continue reading

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Insurer Must reimburse MVAC Fund for Accident Benefits

In Kalinkine v. Superintendent of Financial Services Commission, a Superior Court decision released this week, The Personal Insurance Company was ordered to reimburse the Motor Vehicle Accident Claims Fund for accident benefits payments paid in error by the Fund. We … Continue reading

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AB Settlements Can Be Rescinded at Any Time

We have attached a copy of the decision in Navage v. Pilot Insurance, just released by the Ontario Superior Court. It deals with the consequences of an insurer’s failure to comply fully with the provisions of s. 9.1 of a … Continue reading

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Disability Benefits Reduce Uninsured Limits

The Court of Appeal today released its decision in Kosanovic v. Wawanesa Insurance, a copy of which we have attached. The decision involved an interpretation of the former s. 2(1)(b) of Ont. Reg. 676. That regulation deals with “Uninsured Automobile … Continue reading

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Benefits for Home Renovations Alllowed by Superior Court

We have attached a copy of a recent decision of the Ontario Superior Court that will be of interest to those dealing with accident benefits claims. The case is Alfred v. Allstate. The name might be familiar to you, as … Continue reading

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