K.M. v. Aviva Insurance Canada, 2023 ONLAT 22-000554/AABS

K.M. v. Aviva Insurance Canada, 2023 ONLAT 22-000554/AABS


Exciting news!


Sokoloff Lawyers are thrilled to announce a significant victory for our client that was secured when the License Appeal Tribunal released its decision in K.M. v. Aviva Insurance Canada on June 23, 2023.


After a hard-fought Hearing, the Licence Appeal Tribunal has ruled in favour of our catastrophically injured client, recognizing his entitlement to a Special Award on account of the insurer’s unreasonable withholding and delaying benefits. In this landmark decision, the Tribunal found that Aviva Insurance unreasonably withheld or delayed payments to our client.


The insurer’s conduct was described as being “unyielding and stubborn” and the insurer was called out for it “indifference to the vulnerability of the applicant”. This was one of several aggravating factors and the Tribunal ultimately awarded the maximum available, being 50% of the value of the benefits that were withheld and delayed. This decision sends a strong message about the importance of insurers acting in good faith and considering the totality of the circumstance when handling claims. It also highlights the need for deterrence in cases where insurers fail to meet their obligations to accident victims. We commend our client’s mother, who is his litigation guardian, for her resilience and perseverance throughout this process, and we are proud to have been able to support our client and his mother in their pursuit of justice.


This victory not only provides our client a Special Award that he deserves but also sets a precedent for future cases involving similar circumstances. We hope that this decision will contribute to positive changes in the insurance industry and lead to improved outcomes for individuals seeking accident benefits. Sokoloff Lawyers is proud of Doug Wright and Aryeh Samuel for their tireless effort in achieving justice for not only our client and his mother, but also for all families of critically injured motor vehicle accident victims.