Helen D.K. Friedman

Associée | Kitchener-Waterloo

519.593.3223

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Helen Friedman and Emily Compton’s law blog post was published by LexisNexis

LexisNexis

The original article, Accountability for the section 7(4) accounting report: When is it ‘reasonable and necessary’? was written for our insurance law blog on May 18, 2021. It discusses that Ontario Statutory Accident Benefits Schedule for insurers to fund accounting...

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Accountability for the section 7(4) accounting report: When is it ‘reasonable and necessary’?

The requirement under section 7(4) of the Ontario Statutory Accident Benefits Schedule [1] for insurers to fund accounting reports on behalf of insured persons is a reasonable one. To be eligible for funding by the insurer, the reports must be:...

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SCC’s approach to viral disease: COVID-19

The Lawyers Daily

Authored by Miller Thomson’s Helen D.K. Friedman Part one of this series looked at the Supreme Court of Canada’s (SCC) approach to determining insurance coverage for infectious disease in its decision in Gibbens v. Co-operators Life Insurance Company 2009 SCC...

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Accidental death benefits and virus transmission

The Lawyers Daily

Authored by Miller Thomson’s Helen D.K. Friedman Few terms have garnered as much judicial consideration in the context of insurance coverage as the term “accident.” The common understanding of insurance is protection from unforeseen, unexpected or unintended events and their...

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COVID-19 and accidental death coverage

No one intends to contract COVID-19.  In fact, most rational people intend to do just the opposite.  What if, despite your best intentions/precautions, you contract COVID-19 by accident?  What if this unfortunate event results in your death?  Is there a...

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Clarity in Claims against Adjusters in their Personal Capacity

A recent decision of Justice Perell (Burns v. RBC Life Insurance Co., 2019 ONSC 6977) provides some welcome clarity on the issues of whether insurance adjusters owe a duty of good faith to an insured independent of any duty owed...

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No Jurisdiction at the LAT for Arbitration Proceedings: Commenced but not Completed at FSCO

The transition of the forum for Statutory Accident Benefits disputes from the Financial Services Commission of Ontario (“FSCO”) to the Licence Appeal Tribunal (the “LAT”), effective April 1, 2016, was not as seamless as anticipated and continues to be the...

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The Worth of “Diminished Value” Claims in Ontario – Update

In past blogs,[1] my colleague, Patricia Forte, has tracked the case law on the state of “diminished value” claims in Ontario.  A recent Superior Court case, Zheng v. Certas Home and Auto Insurance Co.,[2] provides further insight as to the...

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Medical Marijuana Loses its Appeal – The Skinny on Skinner Part 1

In earlier blogs, we have discussed the curious case of Wayne Skinner and his quest for medical marijuana funding under his union’s insurance plan. As you may recall, Mr. Skinner had been injured in an automobile accident in the course...

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The LAT CAT’s First Life

The LAT CAT is now out of the bag with the recent release of one of the Licence Appeal Tribunal’s most comprehensive CAT decisions in A.R. v. Allstate (Tribunal File No. 16-003415, January 5, 2018). The 31 page decision was...

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And the Times They Are A’Changing The Evolution of Insurance Coverage for Medical Marijuana – Update

In our previous publication[1], we discussed the incremental extension of coverage for medical marijuana under various types of insurance benefit plans and recent caselaw regarding insurer funding for medical marijuana. By way of update, Skinner v. Board of Trustees of...

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Post-Accident Income Deductions for Self-employed Insureds: Is it better to earn than receive?

In the long-waited appeal decision from the Financial Services Commission of Ontario (“FSCO”), Delegate Evans in Perth v. Surani (FSCO Appeal P16-00022) confirmed that a self-employed insured’s post-accident business income is deductible from their income replacement benefits for the purposes...

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The Times They Are a Changing – The Evolution of Insurance Coverage for Medical Marijuana

As we celebrate the 50th Anniversary of the Summer of Love (1967-2017), listening to vinyl/download versions of Jefferson Airplane, Janis Joplin and the Grateful Dead, it is clear some aspects of counter-culture have become mainstream. With the advent of new...

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The Times They Are a Changing – The Evolution of Insurance Coverage for Medical Marijuana

As we celebrate the 50th Anniversary of the Summer of Love (1967-2017), listening to vinyl/download versions of Jefferson Airplane, Janis Joplin and the Grateful Dead, it is clear some aspects of counter-culture have become mainstream. With the advent of new...

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Judge Critiques Exclusion Clause in Homeowner Policy

A recent Ontario Superior Court decision may prompt legislative changes with respect to intentional damage exclusion clauses in homeowner policies in Ontario. In Soczek v. Allstate Insurance Co., 2017 ONSC 2262, Morgan J. addressed whether a standard form exclusionary clause...

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The Agony of “De Feet”

Sufficient Medical Reasons the Achilles Heel of the Insured’s Claim (Franic-Temple v. State Farm Mutual Automobile Insurance Company, FSCO A15-006435, March 15, 2017.) When a taxicab ran over Ms. Franic-Temple’s feet and ankles, it was undisputed the medical imaging disclosed...

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Is the Courtroom Door Open or Closed?

By way of update to our October 8, 2015 blog featuring Ayr Farmers Mutual v. Wright: “Insurer’s Attempt to Short Circuit Dispute Resolution Process Shut Down”, the insurer’s appeal was dismissed by the Court of Appeal on all grounds October...

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Back to the Future (Contract): Job Offers and Economic Loss for Attendant Care Service Providers

When the “future contract” provisions were eliminated from the Statutory Accident Benefits Schedule effective April 15, 2004, the industry breathed a sigh of relief that yet another category of “questionable” claims for Income Replacement Benefits were being eliminated. Recall prior...

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Procedural Fairness and Due Process Trump Arbitrator’s Award – Appeal Allowed

As the sun begins to set on FSCO, Director’s Delegate Blackman rendered a Preliminary Issues Appeal order in Waldock v. State Farm (FSCO Appeal P15-00068, March 18, 2016) which serves as a helpful reminder to those who descend into the...

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Membership has its Privileges: Expanding Priority – Are Car-Share Insurers Sharing more than they Thought?

The car-share model is coming of age in many urban centres.  The attractions of the car-share concept include reduced urban traffic congestion, generational mind shifts about car ownership, increasing costs of personal vehicle ownership and environmental sustainability. According to recent...

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Refresh/Reset – Multiple $2,000.00 Deductibles Allowed in Loss Transfer Claims

A recent Superior Court decision (Economical v. Northbridge, 2016 ONSC 458) has provided the industry with a refresh/reset in applying the $2,000.00 statutory deductible in loss transfer claims. The deductible in issue is set out in section 275(3) of the...

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Insurer’s Attempt to Short Circuit Dispute Resolution Process Shut Down

Those insurers frustrated by the delay in having an “accident” determination adjudicated under the dispute resolution process should take heed of the recent decision of Mr. Justice Sweeny in Ayr Farmers Mutual Insurance Company v. Wright, 2015 ONSC 6219.  Mr....

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Not Just Another Crash Test – Singing Those Black Box Blues

Kitchener-Waterloo OIAA Bulletin

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Successful Motion Confirms Defendant’s Right to Prepare Insurer Examiners for Trial

In the context of insurer examinations under the Statutory Accident Benefits Schedule (“Schedule”), the Superior Court has found that for the purpose of trial preparation, a Plaintiff’s consent is not required for Defendant’s counsel to meet with the examiners. In...

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Loss Transfer: When Indemnity is not a Slam Dunk

Without Prejudice

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Helen Friedman quoted in Law Times

Law Times, "Lawyers surprised at elimination of FSCO mediation backlog"

Helen Friedman is quoted in an article: “Lawyers surprised at elimination of FSCO mediation backlog”. Launched in 1980, Law Times newspaper, a Thomson Reuters business, is published 40 times a year in print and every Monday online, providing the latest news, analysis,...

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Attendant Care: Beware

Insurers defending retroactive claims for Attendant Care Benefits on the basis of a claimant’s failure to submit an “Application for the Benefit” by means of an Assessment of Attendant Care Needs – Form 1 (“Form 1”) had best beware. Until...

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Survelliance: Letting the CAT out of the Bag

Miller Thomson LLP

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Drive By Shootings – Use Or Operation Of An Automobile?

Kitchener-Waterloo Ontario Insurance Adjusters Association

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