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HomeNews & ArticlesOatley Vigmond Lands Successful Result In Precedent-Setting Licence Appeal Tribunal Decision
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Oatley Vigmond Lands Successful Result In Precedent-Setting Licence Appeal Tribunal Decision

July 20, 2017  |  By:  Oatley Vigmond, Charles Jung, Michelle Baumann

Adjudicator Samia Makhamra of the Licence Appeal Tribunal (“LAT”) released her decision in D.S. v. TD Insurance on June 16, 2017. The ruling is a life changing result for Mr. D.S. and a great win for Oatley Vigmond.

During the evening of September 28, 2015, Mr. D.S. was running down a residential street when he tripped over a low stone retaining wall separating two houses. He fell headfirst into a parked vehicle on a driveway. As a result of the incident, he sustained severe spinal cord injuries.

Going into the hearing, TD Insurance took the position that Mr. D.S. did not hit the parked vehicle and that the incident did not satisfy the definition of an accident as defined under the Statutory Accident Benefits Schedule (“SABS”).

Upon hearing evidence from a biomechanical engineer expert, the LAT found that Mr. D.S.’ injuries were directly caused by the contact between his head and the parked vehicle. After thoroughly reviewing the case law on the issue, the LAT also found that the incident satisfied the legal test setting out what constitutes an accident under the SABS. As a result of the ruling, TD Insurance has accepted the claim and Mr. D.S. will be able to receive the funding he needs for his severe injuries.

To learn more about this decision, please visit the Ontario Trial Lawyers Association Website.


About the Authors

Oatley Vigmond

Personal injury law is all we do. Our skilled team of personal injury lawyers and accident benefits specialists are committed to securing the best possible outcome for those with catastrophic...

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Charles Jung

Charles has an undergraduate degree in Biological Sciences from the University of Guelph and a Law degree from Queen’s University. He joined Oatley Vigmond as an articling student in 2015, before...

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Michelle Baumann

Michelle worked in the insurance claims industry for 10+ years before joining Oatley Vigmond as an Accident Benefits Specialist in 2012. In her past insurance work, Michelle achieved roles of...

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