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Jamali v. Economical Insurance Company (2025 ONSCDC 1393)

  • April 3, 2025

The claimant appealed the Tribunal’s decision that he did not suffer a catastrophic impairment. The claimant raised multiple procedural issues and fairness issues. The Court dismissed the appeal, holding that the reasons applied the correct legal tests and provided detailed, comprehensive reasons for the conclusions reached. The causation test used by the Tribunal was correct, and the Tribunal’s conclusion that the alleged injuries and impairments were not caused by the accident was supported by the record. The claimant was given a seven day hearing and was allowed to present her case, call witnesses, cross-examine the insurer’s experts, raise objections, and make submissions. There was no indication that the hearing was conducted in a manner inconsistent with procedural fairness or the claimant’s expectations.

Full decision here

TGP Analysis

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  • FILED UNDER LAT Rules, Catastrophic Impairment, Divisional Court
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