Accident Benefits

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Ontario Trial Lawyers Association Case Summaries – August 11, 2016

Subramanian v. Bhawaneesingh, 2016 ONSC 4890 (CanLII) Written by Susan Dhaliwal / Summaries / August 11, 2016 Released June 29, 2016 | Full Decision [CanLII] This was a motion heard before Master Short brought by the Plaintiff to have the action restored to the trial list. The action arises out of a June 2007 motor vehicle accident. The Statement of Claim was issued in 2009, Examinations for Discoveries were held in 2011 and mediation was held in August 2013. The Trial Record was filed by the Plaintiff in May 2013. [...]

By | 2016-08-11T20:53:28+00:00 August 11th, 2016|Blog, General, Personal Injury|0 Comments


Pursuant to the Statutory Accident Benefits Schedule, a claimant must mediate a denial of a benefit within two years of the denial prior to suing the insurer for the benefit. In Plaintiff v. RBC General Insurance Company, 2016 ONCA 257, the Plaintiff appealed an order dismissing her action for catastrophic injury benefits under the Statutory Accident Benefits Schedule.  The motion judge concluded that the Plaintiff’s failure to mediate the insurer’s denial of her catastrophic impairment status within two years of the denial barred her from commencing an action with the [...]