Reported Decisions

Court of Appeal for Ontario

Lingard v. Milne-McIsaac

Heard: March 6, 2015

The Court of Appeal ruled that the Defendant Wawanesa was obligated to provide the Plaintiff Lingard with uninsured vehicle coverage.

FSCO Decision

Mangaleswary v TD Home and Auto

Heard: January 30, 2014

The FSCO adjudicator determined that out-of-pocket expenses constitute an economic loss, thereby satisfying the definition of incurred under the Statutory Accident Benefits Schedule.

FSCO Decision

Kolapully and TTC

Heard: December 4 - 7, 2017

The Applicant was a pedestrian when hit by a TTC Bus. The Adjudicator determined that the Applicant was entitled to the benefits she had been denied by the insurance company including non-earner benefits, medical benefits, the costs of assessments, reasonable expenses, and interest.

LAT Decision

Applicant v TTC Insurance

Heard: October 30, 31, November 1, 8, 9 and 14, 2017

Despite the efforts of the Insurer, the Applicant was found to be Catastrophically impaired by the License Appeal Tribunal, thereby raising the limits of her entitlements to benefits.

LAT Decision

S.K. v TTC Insurance (Reconsideration Decision)

Heard: July 12, 2018

The LAT Adjudicator denied the request of an Insurance Company moving for reconsideration of an earlier decision determining that the Applicant was Catastrophically impaired.

LAT Decision

17-001473 v Unica Insurance Inc.

Heard: July 11, 2017

Decision regarding Traumatic Brain Injury

LAT Decision

17-001670/AABS v Travelers Insurance Company of Canada

Heard: April, 26, 2018

Reconsideration decision regarding medical reasons and validity in denial of benefits.

LAT Decision

J. G. v Travelers Canada

Heard: August 14, 2017

Decision following removal of the MIG based on invalid denial of benefits addressing costs.

LAT Decision

17-001315 v Royal Sun Alliance Insurance

Heard: July 5, 2017

Decision regarding Insurer delayed response to benefits.

LAT Decision

17-001670 v The Dominion of Canada General Insurance Company

Heard: July 20, 2017

Appealed decision regarding the MIG and denial notices.

LAT Decision

17-01651/AABS v Dominion Insurance

Heard: August 23, 2017

Decision regarding sufficiency of pre-existing conditions and the MIG.

Divisional Court Judicial Review

TTC Insurance Company Limited v. Kolapully

The Applicant, TTC Insurance sought Judicial Review of a decision by the Director’s Delegate of the Financial Services Commission of Ontario. TTC submitted that the Arbitrator failed to apply the “continuously prevents’ aspect of the test for non-earner benefits, the Arbitrator made a palpable and overriding error in assessing Ms. Kolapully’s creditability, and the Arbitrator’s finding that her degree of impairments meeting the test of non-earner benefits was not supported by the record.

The Divisional Court found the Applicant’s submissions to “hold little merit” and that the Director’s Delegate decision was reasonable. The application was dismissed with costs awarded to our client in the amount of $25,000.00