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Fordjour v. Royal and Sun Alliance Insurance Company of Canada (2019 ONSC 6268)

  • October 28, 2019

The claimant judicial review of the dismissal of her claim on two grounds: that she her family physician should be entitled to give opinion evidence, and that the adjudicator did not properly address causation. The Divisional Court agreed with the claimant and remitted the matter for a new hearing. It held that the Tribunal erred in not permitting the family physician to give opinion evidence at the hearing. The Divisional Court also wrote that the Tribunal had not set out the causation test it had applied, and that it was no appropriate for the test to be “implied.”

Full decision here

TGP Analysis

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  • FILED UNDER Income Replacement Benefits, Medical Benefits, Divisional Court
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