The Divisional Court in Marcelo clarifies that MIG classification is injury-based, not impairment-based. Context is critical in accident benefits files.
accident benefits
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.
Court: Coffee Car Coverage Case Confirmed
The Ontario Divisional Court has allowed an appeal in an accident benefits coverage case, confirming that a claimant who was injured from spilled coffee in a McDonald’s drive-through was involved in an automobile “accident”. In Miceli v. TD Insurance, the claimant was...
Ice is Back with a Brand New Accident Benefits Coverage Decision
This article was initially posted in May 2021. Does slipping on ice next to a vehicle come within the definition of accident under Ontario's statutory accident benefits scheme? Ok Stop. Collaborate and, ummmmm .....read. The Divisional Court has weighed into the (Ice)...