A recent decision by the Financial Services Commission of Ontario reiterates that the onus to prove entitlement to benefits and treatment outside of the Minor Injury Guideline rests with the Insured....more
A recent Financial Services Commission of Ontario Appeal Decision from Director’s Delegate Evans confirms that for the purposes of the Statutory Accident Benefits Schedule, an “accident”, is defined as an incident in which...more
The Appeal decision in Simser v. Aviva (Appeal P13-00004) was recently released by the Financial Services Commission of Ontario (FSCO) on January 9, 2014.
The appeal concerned clause 3(7)(e) of the Statutory Accident...more
In the recent Financial Services Commission of Ontario (FSCO) decision Augustin v. Unifund (FSCO A12-000452, November 13, 2013), Arbitrator Sapin discusses what is considered a “medical reason” sufficient enough for an...more
In the recent decision of Ryckman v. Pottinger, 2013 ONSC 2857 (S.C.J.), the defendant in a jury trial was successful on a threshold motion. The decision is interesting as it gives some guidance on how the threshold...more
An interesting decision was released by Ontario Superior Court Justice B. Glass on May 31, 2013 relating to an insurer’s duty to defend....more