In the May 1, 2017 decision of McCready and State Farm Mutual Automobile Insurance Company, Jonathan Schrieder successfully defended the Insurer against a broad range of claimed issues and benefits.
The Intangible Injury: The Supreme Court Reconsiders the “Recognizable Psychiatric Illness” Requirement
A unanimous decision of the Supreme Court of Canada has recently ruled that proof of a recognized psychiatric injury is not a precondition for awarding damages for mental injuries caused by negligence.
Daniel Reisler, the lawyer representing the defendants in the case, says he thinks judges have been particularly tepid to rule on summary judgment motions.
The Appeal decision of Director’s Delegate David Evans in Sadozai and State Farm (P16-00002, February 22, 2017) reinforces the principle that an insured must still prove that a Treatment Plan is reasonable and necessary, even if an insurer fails to respond within the timelines prescribed by section 38(11)2 of the SABS.
Supreme Court decides CPP benefits not deductible from Underinsured Motorist Coverage in Nova Scotia – doesn’t apply in Ontario
In January 2017, the Supreme Court of Canada rendered a judgment in Sabean v. Portage La Prairie Mutual Insurance Co., 2017 SCC7, finding that CPP Disability benefits are not deductible from amounts a claimant is entitled to recover...