Managing the Impact of Surveillance on Injury Claims: Strategies for Clients and Healthcare Providers
Insurers typically conduct one to three rounds of surveillance, each lasting several days. Professional detectives are hired to capture footage of insured individuals engaging in activities that appear inconsistent with their reported limitations. This strategy aims to challenge the insured’s credibility and dispute their claimed benefits. Surveillance often records brief moments of routine activity or […]
Do children receive Non-Earner Benefits in Ontario?
Section 12(1) of the Statutory Accident Benefits Schedule (SABS) grants children entitlement to Non-Earner Benefits (NEB). Nevertheless, insurance companies frequently contend that section 12(3) precludes children from receiving NEB. In a groundbreaking decision in the recent case of DC v TD Insurance Meloche Monnex (2023, ONLAT 21-015015/AABS) (“DC v TD”), children can now claim $18,500 […]
Understanding the Threshold and Deductible in Ontario’s Motor Vehicle Litigation
Understanding the Threshold and Deductible in Ontario’s Motor Vehicle Litigation In Ontario’s motor vehicle litigation, a crucial factor significantly shaping legal proceedings and outcomes is the “threshold,” established in the Ontario Insurance Act. This threshold mandates that individuals prove to a judge they have suffered “permanent” and “serious” injuries to seek compensation for pain, suffering, […]
