Accident Benefits
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OVERVIEW
Our Accident Benefits Group 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 litigators have unique expertise in the area of loss transfer and priority disputes. 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 (PPNs). This permitted insurers across the Province of Ontario to arrange for a claimant to attend groups of insurer-selected healthcare 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.
Our AB team provides educational seminars to our accident benefits adjusters and lawyers in order to keep our clients apprised of all changes to the legislation, and developments in the case law, as well as educate them 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.
Our Automobile Fraud Group members also 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 can provide defence of accident benefits claims throughout the Province of Ontario on behalf of our insurance clients.
Chair Contacts by Region:
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Toronto Office & Disputes between Insurers |
Eastern Office (Ottawa) |
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Western Office (Kitchener) |
North Office (Barrie) |
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Southern Office (London) |
SERVICES
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 regularly 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.
CHAIR(S)
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FIRM CASES
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Tick Tock, Tick Tock - The New Timing Rules for Expert Reports
Recent amendments to the Rules of Civil Procedure impose stricter limits when it comes to the admissibility of such evidence where there is a delay in serving the expert reports.
Fundamentally Different: Supreme Court of Canada on Statutory Rights of Appeal and Judicial Review
The Divisional Court and Court of Appeal for Ontario erred when they respectively concluded that only in "exceptional circumstances" and "rare cases" would judicial review be available for questions of fact or mixed fact and law.
Proposed Changes to Ontario Accident Benefits, and Potential Impacts on Tort Claims
The 2024 Ontario Provincial Budget, titled "Building a Better Ontario" was recently released, and it proposes several changes to the automobile insurance regime, which could have profound impacts if adopted.
The first and most immediate impact would be the change of mandatory and optional benefits under an automobile insurance policy.