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Case Summary

Vieira v. Aviva Canada Inc. (March 9, 2012), FSCO A08-001537 (Ashby); (April 16, 2012), FSCO A08-001537 (Ashby); (December 2, 2011), FSCO A08-001537 (Ashby)

Lawyer: James M. Brown

This case involved claims for caregiver benefits, attendant care benefits, housekeeping benefits and the cost of assessments under the SABS-1996.

On behalf of the insurer, James successfully established that the claimant: (a) had been incarcerated for uttering death threats against his former spouse; (b) was not the primary caregiver for the children; (c) had not received all of the services he claimed due to his incarceration; and (d) that the claimant did not sustain any significant injuries as a result of the accident.

The claim was dismissed in its entirety, and James successfully obtained a costs award against the claimant as a result of the hearing.

Contact James Brown for more details or read the full decision on The FSCO site. Note: a login is required.


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