Sentences with phrase «sab cases»

Ontario's Superior Court of Justice has recently addressed the issue of interest that may owe on past attendant care benefits in a SABS case, highlighting the perils of compounding interest...

Ontario's Superior Court of Justice has recently addressed the issue of interest that may owe on past attendant care benefits in a SABS case, highlighting the perils of compounding interest on old claims.

Not exact matches

The Court refused to define «economic loss» under the SABS but felt it was clear in this case; the respondent's mother gave up paid employment to stay at home.

The judge in this case found that the parking of the motorcycle on the walkway constituted an ordinary and well - known use of the vehicle and the incident was therefore a motor vehicle accident within the meaning of the SABS.

Bowmans team triumphs for its work defending SAB in long - running competition case before Competition Appeal Court

In another case the Occupational Therapist conducting a Determination of Catastrophic Impairment assessment under the SABS conducted it in the insured's hotel room (no kitchenette) by interview only and the physician who prepared the Catastrophic Impairment Rating report told the CPSO that his role and report was «purely administrative, not interpretive.».

In non-catastrophic cases with no additional options, housekeeping and caregiver SABS benefits will be eliminated under ss.

c) two Superior Court cases decided by Justice T.R. Lofchik in Cromwell V. Liberty Mutual Insurance Co. 3 and Vanderkop v. Personal Insurance Co. of Canada4 essentially concluding that lump sum payments pursuant to a settlement of a long term disability claim not specifically broken down do not constitute «a payment under any income continuation plan» in accordance with section 7 of the SABS, and consequently need not be deducted from an income replacement benefit that may be ongoing.

One reported decision of Katie's to note is the recent precedent setting case of Kulaveerasingam v. State Farm in which she successfully argued that the interest rate applicable to overdue benefits payments for «transitional policies» under the SABS was 1 % compounded monthly rather than 2 %.

After a thorough review of the materials, the case law, the applicable legislation and the submission of counsel, I can find the arbitrator fell into error when he found [the claimant] to be an insured person in accordance with the SABS.

A body of case law has grown around the term «economic loss» (which is not defined in the SABS), primarily focused on what is or is not an «economic loss».

This case involved a preliminary issue hearing to determine whether the claimant was precluded from advancing a claim for income replacement benefits under the SABS - 2010 because he had been driving with a suspended licence at the time of the accident.

The Arbitrator found the reasoning in cases such as Sommerville and State Farm and Ramalingam and State Farm instructive on the point that the SABS does not contemplate two versions of housekeeping and attendant care benefits (pre-104 week and post-104 week) which have two separate applications and require two separate denials.

This case involved claims for caregiver benefits, attendant care benefits, housekeeping benefits and the cost of assessments under the SABS - 1996.

This case involved a challenge by the insurer to the results of a CAT DAC under the SABS - 1996.

This case was the first reported decision to address the interpretation of «economic loss» for the requirement that expenses be «incurred» under the SABS - 2010.

In order to provide the latest information and tools to address the dynamic nature of SABS legislation and the case law interpreting same, our group also offers regular publications and focused seminars to our clients.