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 role of experts in both criminal and civil litigation is continually being refined by the courts, suggests Daniel Reisler, a founding partner at Reisler Franklin LLP in Toronto.
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.