- The Divisional Court rules that all employment insurance benefits are deductible under the SABS - James M. Brown, September 21, 2022
- So you want to amend a pleading? Not so fast! Featured - Case Study: McConnell v. Fraser - Eric W.D. Boate, November 06, 2020
- Can LAT Award Punitive Damages? Featured Case Study - Catherine A. Korte, October 19, 2020
- LAT Reconsideration Request Due to Error of Law , October 15, 2020
- Priority dispute determined by financial dependency: Featured Case Study: TD Insurance and Intact Insurance - Eric W.D. Boate, September 01, 2020
- LAT Reconsideration - Garett Harper, December 12, 2016
- Featured Case: Summary Judgment in Third Party Claims Alive & Viable on Claims for Contribution & Indemnity , MB Newsletter, August 18, 2016
- Brentnell and Wawanesa Mutual Insurance Co., FSCO A13-008004 - Michael Kennedy, Arbitration regarding whether a claimant had a reasonable explanation for the delay in notifying his insurer of his intention to claim benefits and whether the claimant is entitled to income replacement benefits., July 06, 2015
- Simser v. Aviva Canada Inc., 2015 ONSC 2363 (Div. Ct.); (January 9, 2014), FSCO P13-00004 (Blackman); (January 16, 2013), FSCO A11-004610 (Lee) - James M. Brown, June 02, 2015
- Henry v. Aviva Canada Inc. (May 29, 2014), FSCO P13-00016 (Blackman) - James M. Brown, June 02, 2015
- Leduc v. Aviva Canada Inc. (June 25, 2014), FSCO A12-001105 (Ahlfeld) - James M. Brown, June 02, 2015
- Navage v. Aviva Canada Inc. (May 6, 2014), FSCO A13-0000006 (Mutch) - James M. Brown, June 02, 2015
- Shaughnessy v. Aviva Canada Inc., 2011 ONSC 1566 (Div. Ct.); (October 2, 2009), FSCO P07-00036 (Evans); (November 6, 2007), FSCO A06-001546 (Wilson) - James M. Brown, June 02, 2015
- Abrams v. Aviva Insurance Co. of Canada (June 26, 2009), FSCO P08-00027 (Blackman) - James M. Brown, June 02, 2015
- 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) - James M. Brown, June 02, 2015
- Case Summary: Carneiro et al and Regional Municipality of Durham et al and Zurich Insurance Company Ltd., 2015 ONSC 2427 - Van Krkachovski, May 19, 2015
- TD ats Kakoutis , May 09, 2013
- Thayalan and Wawanesa Mutual Insurance, FSCO A10-003528 - Michael Kennedy, Arbitration regarding whether a claimant was entitled to pre-104 week and post-104 week income replacement benefits, housekeeping expenses and medical benefits., June 13, 2012
ACCIDENT BENEFITS
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Practice Areas
The Accident Benefits Group at McCague Borlack LLP is highly specialized in the defence of accident benefits claims and has extensive experience in this area. Our lawyers regularly appear before the Licence Appeal Tribunal, handling mediations and arbitrations. Our accident benefits lawyers have appeared on behalf of insurer clients at the Superior Court of Justice, the Divisional Court and the Ontario Court of Appeal. Our Accident Benefits team represents insurers in all aspects of accident benefits dispute resolution throughout the province. The firm has been a regular participant in the FSCO Bar/Dispute Resolution Group.
Our Accident Benefits Practice Group has unique expertise in the area of loss transfer and priority dispute. Our lawyers have regularly appeared before Private Arbitrators regarding disputes between insurers.
Our team of Accident Benefits litigators has established considerable precedent on behalf of their insurer clients and the insurance industry as a whole. The case law outlined below from the Courts, the Financial Services Commission and Private Arbitral decisions is intended to serve as a resource to benefit our clients.
Our Accident Benefits Lawyers have acted as legislative counsel on behalf of automobile insurers. This legislative work included approaching the Financial Services Commission of Ontario and successfully arguing for the Superintendant’s approval of Insurers’ Preferred Provider Networks (PPN’s). This permitted insurers across the Province of Ontario to arrange for a claimant to attend groups of insurer selected health care providers to deliver programs of care. Thereafter, as counsel for insurers, the best practices for Preferred Provider Networks were established to minimize insurer’s exposure to conflicts of interest and unfair and deceptive practice and act allegations. Currently, members of our Accident Benefits group serve on the Executive of the Ontario Bar Association with a member acting as Co-Chair in the Government Liaison position of the Civil Litigation Section, assisting with legislative submissions on behalf of the bar.
The Accident Benefits Group presents regular educational seminars to our accident benefits adjusters and lawyers in order to keep our clients apprised of all changes to the legislation, developments in the case law, as well as educating on best practices that will assist in their handling of claims while furthering their corporate goals. In addition, our Accident Benefits team regularly presents at both legal and insurance educational programs.
As well, our Automobile Fraud Group members have extensive experience in handling automobile fraud cases and have succeeded in proving fraud in accident benefits and tort claims.
With offices in Toronto, Ottawa, and Kitchener and coming soon to Barrie, we are able to provide defence of accident benefits claims throughout the Province of Ontario on behalf of our insurance clients.
Chair Contacts by Region:
Toronto Office & Disputes |
Western Office (Kitchener) |
Eastern Office (Ottawa) |
North Office (Barrie) |
Southern Office (London) |
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:
- hearings before 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.
- Now or Never - Limitations on Late Expert Reports by Martin Smith, August 16, 2023
- Statutory Deductibles & Monetary Thresholds - Increased for MVA Claims by Eric W.D. Boate, January 04, 2023
- Which doctor's opinion counts on threshold issues? Case Study: Sanson v Paterson v Sanson v Security National Insurance by Howard Borlack and Alexandria Bonney, December 13, 2022
- The Divisional Court rules that all employment insurance benefits are deductible under the SABS by Petra Sbeiti, September 21, 2022
- Big Changes to Small Claims: How COVID-19 has affected the Small Claims Court by Howard Borlack, January 05, 2021
- Can LAT Award Punitive Damages? Featured Case Study by Catherine A. Korte, October 19, 2020
- LAT Reconsideration Request Due to Error of Law by Catherine A. Korte, October 15, 2020
- Jury Questions: When to Ask for Reasons - Case Study: Cheung v. Samra 2020 ONSC 4904 by Michael Kennedy, September 28, 2020
- The Court exercises its "Fact Finding Powers" - Case Study: Carmichael v. GSK Inc. by Howard Borlack, September 26, 2020
- Striking jury notices during the COVID-19 Pandemic When is it more likely to happen? by Alan S. Drimer, September 15, 2020
- Priority dispute determined by financial dependency: Featured Case Study: TD Insurance and Intact Insurance by Howard Borlack, September 01, 2020
- Ontario Courts updating online infrastructures to accommodate COVID-19 needs for safety by Howard Borlack, August 11, 2020
- Updates around Civil Matters in the Superior Court of Justice in the Central East Region by Howard Borlack, August 10, 2020
- A Plea for Simple Pleadings , McCague Borlack LLP, May 31, 2020
- The Doctrine of Discoverability and Accident Benefits Claims: Special Considerations following Tomec and Pafco by Jennifer E. Kelly, May 11, 2020
- Location of Loss Case Study: Benson v. Belair Insurance Company (2019 ONCA 840) by Theresa Hartley and Van Krkachovski, January 13, 2020
- Limitations Law in Accident Benefits Cases by Michael Kennedy, July 16, 2019
- Application For Accident Benefits Primer (OCF-1) Primer by Catherine A. Korte, July 16, 2019
- Loss Transfer - When Accident Benefits May Be Transferred to Another Insurer by Matthew Dugas, July 16, 2019
- You're on Candid Camera! Legal requirements for having surveillance admitted into evidence at trial by Alan S. Drimer, Presented at a Client Seminar on Surveillance, October 27, 2018
- Watching the Watchers: Judicial Limitations on the use of surveillance evidence , Presented at a Client Seminar on Surveillance, October 27, 2018
- Accuracy of Surveillance ReportsAccuracy of Surveillance Reports , Presented at a Client Seminar on Surveillance, October 27, 2018
- Reliable Footage: The Importance of Unedited Video and Investigator Testimony at Trial by Michael Kennedy, Presented at a Client Seminar on Surveillance, October 27, 2018
- Surveillance: Activities and Problems , Presented at a Client Seminar on Surveillance, October 27, 2018
- Attendant Care Benefits: Family Members & Professional Health Care Designations , September 12, 2018
- Justice Must Not Only Be Done, it Must be Seen - The LAT's Mandate to Ensure Both the Existence and the Appearance of Adjudicative Independence in their Decision-Making Processes by Matthew Dugas, July 09, 2018
- To Warn or Not To Warn: An Explanation of the Duty to Warn and the Reasonable Foreseeability Analysis: Case Comment: Maxrelco (Immeubles) v Lumipro Inc. by Howard Borlack, June 29, 2018
- Secrets Between Children and Parents Are Litigation Records of a Children's Lawyer subject to Father's Freedom of Information Request? , June 28, 2018
- Common Interest Privilege: A New Tool in the Litigation Basket by Howard Borlack, May 25, 2018
- Autonomous Vehicles and the Future of Litigation , First Presented at an ORIMS Professional Development Day, May 24, 2018
- Marshall Report: Progress To Date by James Tomlinson, First Presented at a Transportation Law Seminar, May 03, 2018
- The Art of Due Diligence: Priority Disputes Among Insurers by Catherine A. Korte, First Presented at a Transportation Law Seminar, May 03, 2018
- Autonomous Vehicles vs. Pedestrians: Who is at fault? by Van Krkachovski, March 22, 2018
- Face the Music: Once Requested, A Mediation Must be Scheduled Forthwith , March 12, 2018
- The Fast & the Furious: Hard Drugs, Fast Cars & Untimely Death Case Study: Isaac Estate v Matuszynska , March 02, 2018
- Do Excluded Drivers have access to AB Coverage? See Court of Appeal Ruling , First published in MB Client News Alert, February 14, 2018
- Emerging Trends in Personal Injury Damage Awards by Van Krkachovski, February 13, 2018
- When is income 'earned' and therefore deductible? Case Study: A.S. and Economical , First published in MB Client News Alert, January 29, 2018
- What will cause an automobile tort claim to flop? Case Comment: Nadarajah v. Aviva Canada , January 19, 2018
- Insurer's Duty of Good Faith will not be expanded by Supreme Court Case Comment: Usanovic v. Penncorp , First Published to MB's Client List, January 09, 2018
- Falling Back to More Pedestrian and Cyclist Motor Vehicle Accidents , November 09, 2017
- The Court of Appeal's Take on Deductible & Prejudgment Interest in MVA Claims , First presented at an MB Client Seminar, October 30, 2017
- Is This The End of Civil Jury Trials in Motor Vehicle Accident Cases? by Annette Uetrecht-Bain, October 25, 2017
- The Sharing Revolution – Accident Benefits Coverage For Uber Drivers & Passengers , October 16, 2017
- Liability Exposure for Uber Drivers after a Fare is Dropped Off by James Tomlinson, First presented at an MB Transportation Seminar, October 16, 2017
- LAT Broadens the Definition of Accident as per SABS Case Comment: 16-00218 v. Aviva Insurance , September 20, 2017
- Automobile Insurance Fraud: Prevalence, Prevention, and Response , First presented at an MB Client Seminar, July 10, 2017
- A summary of threshold decisions from 2016 and 2017: Which got through and which got bounced by Michael Kennedy, First presented at an MB Client Seminar, July 10, 2017
- Retroactivity, Retrospectivity & Immediate Applicability , May 16, 2017
- Featured Case Study: Raho Mohamud v. Old Republic Insurance Company by Garett Harper, First sent by MB Client Newsletter, December 12, 2016
- Featured Case: Aranas v. Kolodziej The buck stops here: A rare summary judgment win for the defence by Michael Kennedy and Marla Kuperhause, December 02, 2016
- Important decision on when catastrophic accident benefits become overdue , Republished in the Ontario Insurance Adjusters Association's Without Prejudice Magazine - (January 2017 Edition), November 07, 2016
- How serious must a serious impairment be? Case Study , November 06, 2016
- Reasonable and Necessary: Defining the elusive test from the Statutory Accident Benefits Schedule by Michael Kennedy, MB Transportation Newsletter, August 12, 2016
- Update on Issues relating to Autonomous Vehicles: Recent Fatality & the Anticipated Challenges arising from the Accident , July 08, 2016
- Mandatory Training for Commercial Truckers a Welcome Change , MB Transportation Newsletter, June 29, 2016
- When to say Enough? Marfo v. Ahmed: A restatement of the law regarding defence medical examinations , MB Transportation Newsletter, June 15, 2016
- Is there a 10 day time period on EUOs? Case Comment: Choeun ats Allstate , First published to a client transporation law news alert, April 07, 2016
- Update from the Trenches: The Court of Appeal Denies the Availability of the Doctrine of Laches in Loss Transfer Disputes , First presented at MB's Transportation Law Seminar, April 07, 2016
- An Update on Uber and Autonomous Vehicles , First presented at MB's Transportation Law Seminar, April 07, 2016
- Changes to the Accident Benefits Regime by Catherine A. Korte, First presented at MB's Transportation Law Seminar, April 07, 2016
- Utilizing New Medical Technology in Today's Litigation by James Tomlinson and Garett Harper, First presented at MB's Transportation Law Seminar, April 07, 2016
- The Importance of Clear, Unequivocal Refusals Case Comment: Falcon and State Farm , MB Transportation Newsletter, March 28, 2016
- Insurers Seeking Recovery of Overpayment? Beware of Notice Requirements Case Comment: Intact Insurance v. Marianayagam 2016 , MB Client Newsletter, March 18, 2016
- John Hancock would be proud: Chaparina and State Farm and the importance of signatures on accident benefits treatment plans , MB Transportation Newsletter, March 14, 2016
- Will the Cap on Attendant Care Benefits Have Retroactive Effect? Superior Court Says 'No' - Case Comment: Davis ats Wawanesa 2015 , MB Transportation Newsletter, March 14, 2016
- Goodbye FSCO, Hello LAT! by Michael Kennedy, MB Transportation Newsletter, February 22, 2016
- The requirement to provide "medical reasons" when denying treatment plans: a ticking time bomb? , MB Transportation Newsletter, February 22, 2016
- Superior Court Re-Affirms that Bus Drivers are Held to a Higher Standard of Care , February 18, 2016
- State Farm v. Old Republic Insurance, 2015 ONCA 699: Re: Heavy Commercial Vehicles , MB Newsletter re: Accident Benefits, October 23, 2015
- A Tomato Wagon? Defining 'Automobiles' Under Ontario's Insurance Legislation by Catherine A. Korte, First presented at MB's Transportation Law Seminar, April 15, 2015
- Case Study on Electronic Custodial Care: Shawnoo v. Certas Direct Insurance Co , News Alert from MB to AB Clients, February 13, 2015
- Ontario Court of Appeal releases decision in expert evidence case , MB Newsletter, January 29, 2015
- Case law released concerning when policies must respond in actions involving rented or leased vehicles , MB Transportation Newsletter, January 13, 2015
- Too big for its britches? Fitting Chronic Pain into the Minor Injury Guideline of Ontario's Accident Benefits Scheme , First presented at an MB Client Seminar, October 31, 2014
- Seeing is Believing , First presented at an MB Client Seminar, October 31, 2014
- Establishing Causation in Cases of Chronic Pain by James Tomlinson, First presented at an MB Client Seminar, October 31, 2014
- Chronic Pain and Suffering: Non-Pecuniary General Damages Awards in Cases of Chronic Pain by James Tomlinson, First presented at an MB Client Seminar, October 31, 2014
- Future Care Costs: Preparation and Mitigation by Van Krkachovski, First presented at an MB Client Seminar, October 31, 2014
- Mary Carter Agreements by Michael Kennedy, First presented at an MB Client Seminar, June 16, 2014
- Recent FSCO Appeal Decision: Belair Insurance Company Inc. and Lenworth Scarlett by Matthew Dugas, MB News Alert, December 11, 2013
- A Defence Lawyer's Guide to Investigating Modern Insurance Fraud by Van Krkachovski, Presented at the Medical Legal Society of Toronto , November 06, 2013
- Branco v American Home Assurance Company, 2013 SKQB 98 , MB Lunch and Learn, October 11, 2013
- First FSCO Decision on the Minor Injury Guideline by Matthew Dugas, MB Lunch and Learn, October 09, 2013
- Unraveling the Mystery of Priority Disputes , MB Lunch and Learn, October 07, 2013
- When it comes to the calculation of the attendant care benefits payable, the Form 1 remains king , MB AB Newsletter, July 19, 2013
- 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 , 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
- 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 , Ontario Bar Association - Insurance Law Section, March 01, 2012
- Recent Decisions: Mediations not occuring within '60 days' deemed to have failed , MB News Alert, February 24, 2012
- Recent commentaries on the deductibility of collateral benefits in income loss claims , 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" , 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, MB Transportation Practice Group Seminar, November 09, 2011
- Recent Developments in Loss Transfer , MB Transportation Practice Group Seminar, November 09, 2011
- Should Psychological Injuries Be Combined With Physical Injuries To Determine Catastrophic Impairment? , 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 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 , 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 , MB Transportation Newsletter, January 31, 2010
- 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 , MB Transportation 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
- Ontario Court of Appeal Sends Strong Message about Mandatory Mediation , MB Insurance Coverage Newsletter, December 31, 2009
- The Notional Equivalent of Being Struck by an Automobile: Tucci v. Pugliese , MB Transportation Newsletter, December 31, 2009
- Before You Settle - Lockhard v. Quiroz v. C.A.A. Insurance Co. (Ontario)[1] , MB Transportation Newsletter, December 31, 2009
- Accident benefits priority dispute between driver's own insurer and company car's insurer , 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
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