- Thayalan and Wawanesa Mutual Insurance - Michael Kennedy, MB Accident Benefits Newsletter, June 13, 2012
ACCIDENT BENEFITS
- Accident Benefits
- Animal Law
- Appeals
- Bankruptcy and Insolvency Litigation
- Civil Fraud Recovery
- Class Actions
- Commercial & Business Litigation
- Construction Law
- Criminal, Regulatory & Administrative Law
- Debt Collection and Recovery
- Defamation & Reputation Management
- Directors & Officers Liability
- Employment Law
- Energy Law
- Environmental Liability
- Family Law
- General Casualty & Special Risks
- Health, Life & Disability Insurance
- Human Rights, Harassment & Abuse
- Insurance Coverage
- Intellectual Property Litigation
- Landlord and Tenant
- Malpractice & Health Care Litigation
- Marine Law
- Mediation, Arbitration & ADR
- Municipal Liability
- Not For Profit and Charity
- Personal Injury
- Police Services
- Privacy Law & Investigations
- Products Liability
- Professional Liability
- Property Insurance
- Risk Management Services
- Sports, Recreation & Resort Liability
- Subrogation
- Transportation Law
Practice Areas
As part of Ontario's no-fault automobile insurance regime, "accident benefits" are a complicated creation of statute that require a person's own automobile insurance provider to compensate him or her for injuries suffered in a car accident.
Motor vehicle accidents continue to be the largest single source of claims filed in our courts today, and accident benefits claims regularly accompany them.
Members of our Accident Benefits Group defend a large volume of accident benefits claims, and frequently act on mediations, arbitrations, trials, and appeals, on such issues as:
- loss transfer;
- priority disputes between insurers; and
- work-related injuries.
Our Accident Benefits Group also regularly attends the following:
- Counsel Forum at the Financial Services Commission; and
- hearings before the Workplace Safety and Insurance Appeals Tribunal.
We advise clients on a regular basis on all matters relating to accident benefits, and our trial experience is rich and varied. Our Accident Benefits Group strives to maximize the results for our clients, while minimizing the legal expense. We welcome any questions, and direct you to the lawyers below.
- FSCO orders insurer to fund medicinal marijuana purchase by Michael Kennedy, Published in McCague Borlack's Accident Benefits Newsletter , October 01, 2012
- A "catastrophic impairment" requires only one (out of four) functions at the marked impairment (class 4) level by Michael Kennedy, Published in McCague Borlack's Accident Benefits Newsletter, September 30, 2012
- Gordyukova v. Certas Direct Insurance Company, 2012 ONCA 563 , MB's AB Newsletter, September 13, 2012
- Demers v. Monty, 2012 ONCA 384 , Published in MB's AB Newsletter, July 03, 2012
- FSCO Counsel Meeting May 25th: Current Issues , MB's Accident Benefits Newsletter, June 14, 2012
- UPDATE: Downer v. Personal Insurance by Michael Kennedy, MB Transportation Newsletter, May 10, 2012
- Recent Decision: Case Summary: Aweys and Intact Insurance by Tracy Brooks, Published in MB's Accident & Benefits Newsletter, April 15, 2012
- FSCO Counsel Meeting Summary: How to address the mediation backlog , Part of MB Transportation Newsletter, April 09, 2012
- The New Era of Auto Insurance Fraud - Identity Theft and the Health Care Practitioner by Maya Jacob, OBA, Health Matters, Health Law Section, March 31, 2012
- "Bad faith" is not a claim governed by the insurance contract by Michael Kennedy, MB Transportation Newsletter, March 25, 2012
- Apportioning Liability in Single-Vehicle Accidents: The Clash between Contributory Negligence, the Driver’s Liability, and a Municipality’s Duty of Care by David Elmaleh, Ontario Bar Association - Insurance Law Section, March 01, 2012
- Recent Decisions: Mediations not occuring within '60 days' deemed to have failed by Tracy Brooks, MB News Alert, February 24, 2012
- Recent commentaries on the deductibility of collateral benefits in income loss claims by Ashley Reid, MB Transportation Practice Group Seminar, November 09, 2011
- A year, if a day: What insurers are talking about one year after the introduction of the "New Regs" by Tracy Brooks, MB Transportation Practice Group Seminar, November 09, 2011
- Should Psychological Injuries Be Combined With Physical Injuries To Determine Catastrophic Impairment? by Michael Blinick, MB Transportation Practice Group Seminar, November 09, 2011
- The use of no-fault reports by a tort defendant: Beasley revisited, one year later by James Tomlinson, Adrian Nicolini and Samantha Share, MB Transportation Practice Group Seminar, November 09, 2011
- Recent Developments in Loss Transfer , MB Transportation Practice Group Seminar, November 09, 2011
- Attempted car-jacking qualifies as an accident pursuant to the Statutory Accident Benefits Schedule (SABS) by Michael Kennedy, McCague Borlack Transportation Newsletter, October 22, 2011
- Reckless driver solely at fault for single-vehicle accident despite poor road construction by Michael Kennedy, McCague Borlack's Transportation Newsletter, October 22, 2011
- Repairing a vehicle is not an ordinary use to which vehicles are put by Michael Kennedy, McCague Borlack's Transportation Newsletter, October 22, 2011
- The Use of No-Fault Reports by a Tort Defendant by Adrian Nicolini and James Tomlinson, First presented at a Transportation Law Seminar, September 22, 2010
- Supreme Court Reconsiders the Meaning of "Accident" , MB Insurance Coverage Newsletter, May 31, 2010
- Whether Sexually Transmitted Diseases Contracted During Unprotected Sex Meet the Definition of Accident by Robert McGlashan, OBA Insurance Law Newsletter Volume 20 no.3, April 30, 2010
- Loss transfer regime is applicable even when the accident occurred outside of Ontario, if Ontario insurers are involved by Ruby Tatla, MB Transportation Newsletter, January 31, 2010
- Before You Settle - Lockhard v. Quiroz v. C.A.A. Insurance Co. (Ontario)[1] , MB Transportation Newsletter, December 31, 2009
- The Notional Equivalent of Being “Struck†by an Automobile: Tucci v. Pugliese , MB Transportation Newsletter, December 31, 2009
- Ontario Court of Appeal Sends Strong Message about Mandatory Mediation , MB Insurance Coverage Newsletter, December 31, 2009
- General Damages which are exactly $100,000.00 are subject to the statutory deductible: Winckle v. Siodlowski , MB Transportation Newsletter, December 31, 2009
- Claimant can meet one definition of catastrophic impairment but not the other: Pastore v. Aviva , MB Transporation Newsletter, December 31, 2009
- Whether a psychological injury in conjunction with a physical injury can be considered catastrophic: Fourniev v. Coachman by Ruby Tatla, MB Transportation Newsletter, December 31, 2009
- Accident benefits priority dispute between driver's own insurer and company car's insurer by Ruby Tatla, MB Transportation Newsletter, December 31, 2009
- Unidentified Motorists Claims in Ontario - An Overview , Ontario Adjuster's Refresher Seminar, October 31, 2009
- On Your Bike by Van Krkachovski, Ogra's Milestones, November 30, 2008
- Lights and Siren by Van Krkachovski, Ogra's Milestones, August 31, 2008
- Cross Border Issues: The Current Automobile Insurance Legislations in Ontario by Van Krkachovski, The Harmonie Group, March 27, 2006
416.860.0001 | 130 King Street, West | Suite 2700, P.O. Box 136 | The Exchange Tower | Toronto, Ontario, M5X 1C7