Associates, Paul J. Barnes and A.J. Wachna successfully opposed a plaintiff’s motion in a Statutory Accident Benefits dispute to strike their client’s Statement of Defence and obtain judgment in an action for specific medical benefits pursuant to the Statutory Accident Benefits Schedule (“SABS”).
The plaintiff argued that that the insurer’s denials of certain benefits were improper because they failed to provide “medical reasons” in compliance with Section 38 of the SABS and as a result, he was entitled to payment for those benefits, pursuant to the FSCO arbitration decision in Augustin and Unifund from 2011.
In dismissing the plaintiff’s motion, the court accepted Paul and A.J.’s arguments that the insurer’s denial did provide medical reasons and that even if it had not, the plaintiff would still not have been entitled to the benefits in question because he had not shown at a full arbitration hearing that he was entitled to coverage outside of the Minor Injury Guideline, as per the November 2011 direction of the FSCO Director’s Delegate in Scarlett and Belair.
Transcribed Endorsement Record Order of the Court – December 11, 2014
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Paul J. Barnes
Claude Blouin and Jamie Dunn, Partners at Blouin, Dunn LLP, are extremely pleased to announce that Amir Fazel has joined the firm as an associate lawyer.
Amir holds Honours Bachelor degrees in the Arts (Philosophy and Economics) and Sciences (Biology) from the University of Toronto. He placed second in his first-year law class before obtaining his Juris Doctor at the University of Toronto in 2008. He was called to the Ontario Bar in 2009.
Amir’s practice is restricted to insurance litigation and includes personal injury, motor vehicle liability, statutory accident benefits, occupiers’ liability, property loss and liability, commercial general liability, subrogation and collection matters.
Before joining Blouin Dunn, Amir practiced law at one of Canada’s largest insurance defence firms. Prior to that, he did commercial litigation at a Toronto law firm.
Amir has represented clients in the Court of Appeal, the Superior Court of Justice, Small Claims Court and at various tribunals. He has also successfully conducted trials in the Superior Court of Justice and Small Claims Court.
Amir is a member of the Canadian Defence Lawyers and The Advocates’ Society. He is also a member in good standing with the Law Society of Upper Canada.
When not practicing law, Amir enjoys spending time with his wife and young daughter. Outside of family, he enjoys camping and fishing, listening to the Blues and collecting vintage fountain pens.
Amir’s contact information is:
T. 416-365-7888 ext. 122