Legal & Industry Insights

Detailed insider views on legal trends and outcomes.

Just Dig: Musings on Collateral Benefits

In the long awaited July 14, 2022 LAT award rendered in #20-007407/AABS by Vice-chair, Sandeep Johal, the question arose whether an LTD benefit that was not being received could be deducted from an IRB benefit.  The upshot was that the deadline for the SABS claimant to apply for the collateral disability benefit had expired.  While he was aware of that deadline, he applied late to SunLife and was denied on that technical basis.  The conundrum with the ongoing payment of the unreduced weekly IRB in this case was that if the LTD payment was ultimately found to be deductible there would be a substantial repayment claim available to Allstate. The dispute proceeded by way of written submissions.  At issue, per the September 2010 version of the SABS, was whether “other income replacement assistance” was available to the claimant, and had he made an application for same?  The claimant argued the auto insurer had a greater part to play in informing him of the requirement to apply for the LTD...

The Tort Threshold. Not all is as it seems.

  The case of O’Brien v. O’Brien, 2018 ONSC 4665, is a tort threshold motion brought by some of the defendants after a jury trial where damages was the only issue. The damages quanta were found to be closer to the defendants' position thereupon. The motion was heard by Justice McKelvey of the...

Hey Neighbour…It’s About that Fence

  The Court of Appeal has provided further guidance on the issue of prescriptive easements in the case of Hunsinger v. Carter. The case involved one party having uninterrupted use of a shared driveway over a 40 year period for commercial purposes, facing off against a neighbor who purchased...

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