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Erin Morgan

Partner

416.507.1826
emorgan@tgplawyers.com
3633
Assistant

Alida Philbin

416.507.1821
aphilbin@tgplawyers.com

Education

  • Called to the Ontario Bar in 2012
  • LL.M, University of Toronto
  • J.D. (Honours), Bond University
  • B.A. (Honours), Queen's University

Experience
Reported Decisions
Areas Of Practice
Mediation
Experience

Erin Morgan is a partner of Thomas Gold Pettingill, having joined the firm in 2016. Erin’s practice at the firm focuses on representing and defending clients in liability and statutory accident benefits claims, including priority disputes. Erin has experience representing insurers before the Licence Appeal Tribunal and Financial Services Commission of Ontario. She also has experience in plaintiff personal injury litigation, giving her a unique and well-round perspective to represent insurers in liability and accident benefits disputes.

A selection of Erin’s recent work includes:

  • Successfully defended a claim for IRBs and medical/rehabilitation benefits before the Licence Appeal Tribunal. Adjudicator Logan agreed with the Insurer’s interpretation of s. 5(1)(1) and 7(3) of the SABS with respect to the IRB claim and found that the claimant had not proven that the claims for medical benefits were reasonable and necessary. Adjudicator Logan also dismissed the claim for a Special Award.
  • Erin successfully brought a preliminary motion on behalf of the insurer to preclude the claimant from disputing his entitlement to Income Replacement Benefits – see BM v Travelers, LAT 18-009669/AABS (Adjudicator Lake, August 12, 2019)
  • Successfully defended claim for medical/rehabilitation benefits before the Licence Appeal Tribunal. Adjudicator Hines agreed with Insurer’s submissions that the claimant’s injuries fell within the MIG – see Bronzman v Travelers, LAT 17-003671/AABS (Adjudicator Hines, April 5, 2018)
  • Successfully defending claim for attendant care and medical/rehabilitation benefits before the Licence Appeal Tribunal – see KS v The Dominion of Canada General Insurance, LAT 16-002099/AABS (Adjudicator Treksler, August 3, 2017)
Reported Decisions

Zhang v The Dominion of Canada General Insurance Company, 2023 CanLII 32788 (ON LAT) – Successfully defended claim for medical/rehabilitation benefits and interest.

Jeffery v Travelers Insurance Company of Canada, 2023 CanLII 1442 (ON LAT) – Successfully defended claim for IRBs and medical/rehabilitation benefits. The Adjudicator agreed with the Insurer’s interpretation of s. 5(1)(1) and 7(3) of the SABS with respect to the IRB claim and found that the claimant had not proven that the claims for medical benefits were reasonable and necessary. The Adjudicator also dismissed the claim for a Special Award.

N.S. v. The Dominion of Canada General Insurance (Travelers Insurance Canada), 2020 CanLII 27390 (ON LAT) – Successfully defended the insurer’s MIG position and denial of medical benefits.

DK v Travelers, LAT 18-011867/AABS (Adjudicator Grant, March 17, 2019) – Successfully defended the insurer’s MIG position and denial of medical benefits.

WP v Travelers, LAT 18-010458/AABS (Adjudicator Grant, October 4, 2019) – Successfully defended claim for medical/rehabilitation benefits. Adjudicator Grant agreed with insurer that the claimant’s injuries fell within the MIG

BM v Travelers, LAT 18-009669/AABS (Adjudicator Lake, August 12, 2019) – Successfully acted for insurer in precluding dispute over entitlement to Income Replacement Benefits based on the limitation period

Bronzman v Travelers, LAT 17-003671/AABS (Adjudicator Hines, April 5, 2018) – Successfully defended claim for medical/rehabilitation benefits. Adjudicator Hines agreed with insurer that the claimant’s injuries fell within the MIG.

ZH v Travelers Canada, LAT 17-005291/AABS (Adjudicator Paluch, March 14, 2018) – Preliminary hearing decision on the ability of an insurer to request s. 44 Insurer’s Examinations following receipt and review of updated medical documentation.

JN v Travelers, LAT Case 17-000889/AABS (Adjudicator Gosio, February 9, 2018) – Dispute over entitlement to pre and post-104 week IRBs and medical/rehabilitation benefits. Adjudicator Gosio adopted insurer’s argument that the “but for” causation test should apply to accident benefits disputes.

Applicant v Dominion of Canada General Insurance Company (Travelers Canada), LAT 16-004660/AABS (Adjudicator Watt, November 28, 2017) – Successfully defended claim for medical/rehabilitation benefits based on procedural deficiencies.

PJ v Continental Casualty Insurance Company, LAT 16-004272/AABS (Adjudicator Treksler, August 24, 2017) – Acted for insurer in respect of claim for medical/rehabilitation benefits.

KS v The Dominion of Canada General Insurance, LAT 16-002099/AABS (Adjudicator Treksler, August 3, 2017) – Successfully defended claim for attendant care and medical/rehabilitation benefits.

MB v The Dominion of Canada General Insurance, LAT 16-001825/AABS (Adjudicator Bickley, January 19, 2017) – Successfully obtained dismissal of application.

Sureshkumar v State Farm Automobile Insurance Co., FSCO A13-003251 (Arbitrator Gueller, October 17, 2016) – Successfully obtained dismissal of arbitration with costs.

Areas Of Practice
  • Insurance Litigation
  • Licence Appeal Tribunal Disputes
  • Accident Benefits/SABS
  • Examinations Under Oath (EUO)
  • Priority/loss transfer disputes
  • Motor Vehicle Claims (Insurance Litigation)
  • Occupiers’ liability (Insurance Litigation)
  • Personal Injury (Insurance Litigation)
  • Tavern/commercial host liability
Mediation

Contact Us

150 York Street, Suite 1800
Toronto, Ontario M5H 3S5

416.507.1800

416.507.1850

eodonnell@tgplawyers.com

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Contact Us

150 York Street, Suite 1800
Toronto, Ontario M5H 3S5

416.507.1800

416.507.1850

eodonnell@tgplawyers.com

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Contact Us

150 York Street, Suite 1800
Toronto, Ontario M5H 3S5

416.507.1800

416.507.1850

eodonnell@tgplawyers.com