Insurance Claim
& Litigation Updates

Decision

Updates

Keep in touch with the latest Insurance Claim & Litigation Updates including
our summaries on decisions and how they could impact your future claims.

Are Insurers Obligated to Pay for Plaintiff Accounting Reports?

May 28, 2020

A growing trend has emerged recently as it relates to individuals making a claim for income replacement benefits (“IRBs”).  More frequently than ever, insured’s seem ...

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Self-Employed Individuals – Last 52 Weeks or Last Completed Taxation Year?

May 20, 2020

For self-employed individuals seeking to claim an income replacement benefit (“IRB”), the calculation of their pre-accident gross weekly income is not always straightforward.  Two recent ...

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LAT rules on Section 8(1) for IRB Purposes

March 19, 2020

In the LAT decision released on January 13, 2020, T.A.K. v Aviva General Insurance Company (18-008232/AABS), the Adjudicator provides interpretation for the Section 8(1) adjustment ...

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Employed During a Period of Illness?

December 4, 2019

In the recent Licence Appeal Tribunal decision released on September 30, 2019, P.K. and Pembridge Insurance Company (Tribunal File Number: 18-000865/AABS), Adjudicator Reilly concludes that ...

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Shareholder of a Business – Employed or Self-Employed?

November 28, 2019

In the recent Licence Appeal Tribunal decision released on October 8, 2019, A.P. and Economical Insurance (Tribunal File Number: 19-000026/AABS), the Adjudicator found that A.P. ...

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Calculating Pre-Accident Income When Considering Self-Employment Losses

July 17, 2019

In the LAT reconsideration decision released on June 5, 2019, Aviva Insurance Canada v. W.D.W. (17-005894/AABS), it was determined that the Tribunal made an error ...

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Considering “Big Picture” to Determine Dependency

January 21, 2019

In the recent decision released on December 21, 2018, between Pafco Insurance Company (Applicant) and Wawanesa Mutual Insurance Company and Western Assurance Company (Respondents), Arbitrator ...

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Self-Employment Income Deducted Post-Accident – Yes or No?

December 18, 2018

In the recent Divisional Court decision released on December 7, 2018, Surani and Perth (File No.: 541/17), an application for judicial review was dismissed.  The ...

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The importance of knowing what to do with EI benefits for IRB purposes

December 11, 2018

In the LAT decision released July 18, 2018, C.M. and Aviva General Insurance (17-005910/AABS), the Applicant received a special award in the amount of 50% ...

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