Yoni Silberman's Summary of Important Cases

Congratulations to our partner Yoni Silberman and our associate Carlo Panaro on their successful appeal before the Divisional Court in Marcelo v. The Personal Insurance Company. This important decision clarifies that determinations under the Minor Injury Guideline are injury-based, not impairment-based,…

Following a 6-day video-conference hearing, Adjudicator Lake ruled that the Applicant was entitled to payment of income replacement benefits in the amount of $400.00 per week from July 17, 2019 to date and ongoing, plus interest in accordance with s.…

Section 10 of the Regulation 664 provides that, if the Tribunal finds that an insurer has unreasonably withheld or delayed payment of benefits, the Tribunal may award a lump sum of up to 50 percent of the amount to which…

Although the Applicant’s appeal of the attendant care benefit was filed beyond the two-year limitation period, the Tribunal found that under s. 7 of the Licence Appeal Tribunal Act, the justice of the case required the limitation period to be…

Justice Copeland dismisses the Defendant’s summary judgment motion in an action involving a young child who fell off a play structure at his daycare and sustained a fracture to his arm and a nerve injury. Daycares have a duty to…