The Ontario Court of Appeal’s decision in Lloyd v. Baker explains when limitation periods begin under Ontario’s discoverability principles and why later expert reports do not necessarily postpone the start of the limitation period.
Adam Fox
Medical and Other Reasons” Under the SABS After Varriano: Part 2
Accident benefits notices are facing increasing scrutiny at the LAT, particularly where insurers rely on generic wording or unsupported conclusions. This blog examines how recent decisions, including Varriano, are reshaping the analysis of “medical and other reasons” under the SABS and what adjusters can do to draft more defensible denial notices. It discusses practical drafting strategies, common pitfalls, substantial compliance, and why file-specific reasoning matters more than mechanical wording or templates.
Medical and Other Reasons” Under the SABS After Varriano: Part 1
Learn how Varriano changed SABS notice requirements and when insurers must provide medical and other reasons for accident benefits determinations.
When Minor Isn’t Minor: Why Context Matters in MIG Classification
The Divisional Court in Marcelo clarifies that MIG classification is injury-based, not impairment-based. Context is critical in accident benefits files.
The Nexus Test in Ontario Accident Benefits: Wilson and Wais
Two Coachman decisions appear to point in opposite directions on nexus and priority. They don’t. Wilson and Wais reveal a disciplined framework reshaping how accident benefits claims are adjudicated at the LAT.
Why Ontario Insurers Must Keep Log Notes: A Practical Perspective
Why log notes are effectively mandatory for Ontario insurers. FSRA, UDAP, LAT practice, and industry standards all make contemporaneous notes indispensable.
Ontario Court: All Drivers Have a Duty to Avoid Accidents
Ontario’s Superior Court confirms all drivers share a duty to avoid accidents — even by taking steps to prevent harm. Learn what McFee v. Sutram means.