Firm News

D’Arcy McGoey Successful In Priority Arbitration

D’Arcy McGoey was successful on behalf of our client in a priority arbitration (Allstate Insurance Company of Canada v. State Farm Mutual Automobile Insurance Company, January 5, 2021, Arbitrator Jones) addressing the one-year limitation to commence arbitration. Arbitration Jones concluded that the initiating insurer did not commence arbitration within one year of the first Notice of Dispute, as opposed to the Notice of Dispute delivered to our client. The arbitrator also considered whether the Motor Vehicle Accident Claims Fund is an “insurer” for post-2010 accidents, and whether a claimant not involved in an accident could seek benefits from the Fund.

Read more about the decision here

Firm News

New Year 2021

Anticipation. New beginnings. Better than ever.

Those are just some of my New Year thoughts. TGP looks forward to providing its clients with outstanding legal services in 2021.

Christopher Schnarr
Managing Partner

Firm News

First virtual Insurance Law Symposium

On November 6th, Thomas Gold Pettingill LLP hosted its first virtual Insurance Law Symposium. The symposium was a big success with more than 140 clients and insurance industry colleagues joining us via webcast. In attendance were claims adjusters, claims managers, risk managers, brokers and others.

Good news! Even if you missed our live webcast, a recorded version is available at the following link

The topics discussed at our Insurance Law Symposium this year were:

  1. Covid-19 Business Interruption Claims
    by Alex Pettingill, Thomas Donnelly and Joyce Tam
  2. Top 5 Insurance Cases of 2020
    by Sean Murtha and Josh Knox
  3. Navigating Court Processes – What to Expect in COVID Times and Beyond
    by Sarah Jones and Rhema Kang
  4. Recreational Trail and Bike Path Liability
    by Adam Bucci, Tim Crljenica and Sara Baum
  5. Assessing Damages in Head Injury Cases
    by Ian Gold, Nadine Nasr and Natasha O’Toole

The Symposium was moderated by Christina Polano.

Please feel free to reach out to any of our lawyers if you have questions or comments after watching our webcast. We always look forward to hearing from you!

Firm News

AB Fall Forum was a success!

On October 23, 2020, TGP hosted over 65 viewers by webinar for our annual Accident Benefits Fall Forum. The seminar focused on the impact of the COVID-19 pandemic on AB claims and was moderated by D’Arcy McGoey from TGP. Chris McCormack presented on the legal aspects of the pandemic including limitations and the treatment of CERB benefits. A panel discussion was held involving Tim Barradas and Dr. Moez Rajwani both of whom commented on the practical effects of the pandemic as it pertains to claims handling and medical assessments. The seminar was concluded with a presentation by Ada Lika who discussed recent AB case law.

On behalf of TGP, a donation was made to the COVID-19 Healthcare and Hospital fund.

TGP Decisions

Chris McCormack wins limitation issues

Chris McCormack was successful on behalf of our client in this preliminary issues hearing addressing limitation issues. The claimant was found to be barred from proceeding with her claim for 10 benefits for failure to commence a proceeding within two years of the insurer’s refusal to pay the amount claimed. Vice-Chair McGee agreed with Adjudicator Neilson’s decision in S.S. v. Certas Home and Auto Insurance Company (18-001196/AABS), and held that it is not within the LAT’s jurisdiction to extend the limitation period under s. 7 of the LAT Act.

Of note, Vice-Chair McGee agreed with Adjudicator Neilson’s decision in S.S. v. Certas Home and Auto Insurance Company (18-001196/AABS), and held that it is not within the LAT’s jurisdiction to extend the limitation period under s. 7 of the LAT Act.

TGP Decisions

TGP win with Travelers

Another Thomas Gold Pettingill LLP win!

We were successful on behalf of our client Travelers in defending its MIG position. Adjudicator Boyce agreed that the claimant’s injuries fell within the MIG and dismissed the claimant’s dispute in its entirety. A helpful decision to insurers on the MIG and chronic pain.

TGP Decisions

Chris Schnarr defends income replacement claim

Chris Schnarr successfully defended a claim for post-104 week income replacement benefits and med/rehab benefits involving a self employed roofer. The adjudicator accepted the conclusion of the insurer’s experts in light of the fact that the accident was very minor, and the applicant had not sought medical assistance from his family physician for a significant period of time. The claim also involved surveillance that called the applicant’s credibility. Lastly the applicant had not attempted to seek suitable employment.

TGP Decisions

Sara Baum is successful at the License Appeal Tribunal

Sara Baum successfully defended Travelers’ position on the Minor Injury Guidelines and denial of medical benefits at the License Appeal Tribunal.

Industry News

TGP continues to service clients during the pandemic

As the public health emergency caused by COVID-19 develops rapidly, TGP is reaffirming its commitment to providing a high level of service to all our clients and colleagues. TGP assures our clients that our operations will continue uninterrupted. Our office remains open although reception is closed. Feel free to reach out to our lawyers at any time by email and/or phone, and we will respond promptly. Stay healthy and be well.