Leave to appeal from the Court of Appeal's decision in Tomec v Economical Mutual Insurance Company In 2019 ONCA 882 was recently denied by our highest court. This finally shuts down years of refusals by Economical trying to prevent another car accident victim from receiving benefits that ought to have been paid.
Ms. Tomec's 2008 car accident tragically changed her life forever. Economical refused to pay attendant care and housekeeping benefits which became much more important as her condition worsened. Years later having proven catastrophic designation, Economical refused to pay attendant care and housekeeping benefits. Ms. Tomec had to appeal to the Licencing Appeal Tribunal that refused the benefits. This decision was appealed to the Divisional Court which refused to overturn the decision of the LAT. A third appeal to the Court of Appeal was finally successful and Economical was ordered to pay Ms. Tomec. Despite this, Economical attempted to appeal from the Court of Appeal and avoid its obligations. Fortunately, the Supreme Court has now shut down Economical.
Victims of car accidents with serious injuries need to be aware of their rights and always need an experienced personal injury lawyer to protect their interests!
Originally published 5 June 2020.
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