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D.F. and Wawanesa Decision Date: 2017-02-03 Arbitration, Preliminary Issue, FSCO 5136

https://www5.fsco.gov.on.ca/AD/5136

The applicant, D.F. did not succeed in her previous arbitration proceedings with Wawanesa arising from a motor vehicle accident on October 13, 2002.[1] Her current Application for Arbitration raises a catastrophic determination issue and a claim for medical benefits pursuant to the Schedule.[2] Wawanesa advanced affirmative defences as preliminary issues, which are the subject of this hearing.

 

The preliminary issues are:

 

  1. Whether Ms. F. failed to attend and submit to an insurer examination as set out in section 44(9)iii of the Schedule, and if so, is she precluded from proceeding with her arbitration?

 

  1. Whether Ms. F. is estopped from proceeding to arbitration due to a previous arbitral decision?

 

  1. Whether Ms. F. is estopped from arbitrating medical benefits claimed in this Application for Arbitration because they are identical to medical benefits already arbitrated?

 

  1. Whether Ms. F. or Wawanesa are entitled to expenses incurred in respect of this preliminary issue hearing?

 

Critics tired of “foot-dragging” on injured worker discrimination

Ontario’s ombudsman will not launch an investigation into unconstitutional treatment of people with chronic mental stress at the province’s worker compensation board because it anticipates “government direction” on the issue in the next few months, the Star has learned.

https://www.thestar.com/news/gta/2017/02/13/critics-tired-of-foot-dragging-on-injured-worker-discrimination.html

Intact, Allstate disagree on whether accident victims “principally dependent” on policyholder

The Supreme Court of Canada will not hear an appeal over an arbitration ruling in an auto accident benefits priority dispute, where insurers disagreed on whether a claimant was “principally dependent” on the owner of a vehicle.

Mystery shopper scammers sending falsified IBC checks: FSCO

Two fraudulent companies are purportedly conducting a mystery shopper scam, conning consumers into giving up their money using documents deceitfully bearing the Insurance Institute of Canada’s name and logo.

http://www.insurancebusinessmag.com/ca/news/breaking-news/mystery-shopper-scammers-sending-falsified-ibc-checks-fsco-59954.aspx

Man badly injured in 1995 car crash finally reunited with woman who saved his life

An Ontario man badly injured in a car crash more than two decades ago has been reunited with the woman who helped save his life.

http://www.ctvnews.ca/canada/man-badly-injured-in-1995-car-crash-finally-reunited-with-woman-who-saved-his-life-1.3281505

16-000272 v Aviva Insurance Canada, 2016 CanLII 96093 (ON LAT)

http://canlii.ca/t/gx0m0

Overview

 

  1. On October 19, 2016, the Licence Appeal Tribunal (the “Tribunal”) issued a final decision in 16-000272 v Aviva Insurance Canada.

 

  1. 2.On November 9, 2016, the respondent requested a reconsideration of the Tribunal’s decision on the basis that the Tribunal acted outside its jurisdiction in considering and making a finding on an issue that was not in dispute and not before the Tribunal.

 

  1. 3.Specifically, the respondent submits that the Tribunal considered and made a finding on the issue of “Did M. G. suffer predominantly minor injuries in the July 14, 2013 motor vehicle accident?”

 

  1. 4.The respondent requests an amendment to the decision to exclude all references, analysis and findings with respect to the Minor Injury Guideline (“MIG”) issue.

 

  1. 5.On November 30, 2016, the applicant provided submissions in response to this request.

 

  1. 6.For the reasons that follow, I grant the respondent’s request for reconsideration and cancel the Tribunal’s Order in respect of the MIG finding.

How do Canada Pension Plan Disability Benefits impact the IRB?

If received, CPP disability benefits are deductible as other income replacement assistance in calculating the IRB payable. But it is important to understand the interplay with other benefits, and other components of CPP disability benefits that shouldn’t be considered.

http://adsforensics.com/blog/how-do-canada-pension-plan-disability-benefits-impact-the-irb/

FSCO issues warning over mail scam conducted by unlicensed insurance company

The Financial Services Commission of Ontario (FSCO) has issued a warning to consumers about a mail scam conducted involving an unlicensed insurance company called TD Insurance, Melohre Mannex.

http://www.canadianunderwriter.ca/insurance/fsco-issues-warning-mail-scam-conducted-unlicensed-insurance-company-1004108766/

Know what to do after an auto collision

All too frequently, I hear about motorists who don’t know their rights and end up making bad decisions after an auto collision.

This is regrettable because in all of these situations, they could have avoided excessive towing/storage fees and repair costs if they had known their legal rights and options.

http://www.wheels.ca/news/know-what-to-do-after-an-auto-collision/

Why insurance companies insist on Jury Trials for Personal Injury Cases (Ontario)

The biggest challenge of a Plaintiff Personal Injury Lawyer is not only trying to convey the injured accident victim’s case, but also trying to keep the jury engaged. The more engaged the jury, the greater chance that your theory of the case is sinking in.

https://www.torontoinjurylawyerblog.com/2017/02/why-insurance-companies-insist-on-jury-trials-for-personal-injury-cases-ontario.html