A recent decision by the Financial Services Commission of Ontario further widens the net of what is considered an “accident” for the purposes of the Statutory Accident Benefits Schedule ("SABS")....more
A recent Appeal decision by Director’s Delegate Evans provides some guidance on the requirement that treatment be “incurred” before it is payable under the Statutory Accident Benefits Schedule, Accidents on or after November...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
The recent FSCO decision in Quinones v. Unifund, (FSCO A12-000866, August 2, 2013), discusses the obligations placed on Insurers under s. 44(5) of the Statutory Accident Benefits Schedule (“the Schedule”) with regard to...more
Two recent decisions from FSCO have found that an Insurer’s request for a neuropsychological assessment is reasonably necessary and fair. The factors to consider in making this determination include...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