Can a plaintiff sue for negligence in the handling of an accident benefit claim?
Ontario, Canada
The following excerpt is from Lepan v. Lofranco, 2021 ONSC 1757 (CanLII):
In Kota v. Raphael, [2003] O.J. No. 3003, the plaintiff sued former counsel for negligence in the handling of an accident benefit claim. The subsequent counsel who sued the first lawyer had ultimately settled the same accident benefit claim. As second counsel was a necessary witness as to why the first lawyer’s negligence led to a compromise of the accident benefit claim, the second lawyer could not continue as counsel.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for a plaintiff to bring a claim for negligence in a motor vehicle accident? (Ontario, Canada)
Can a plaintiff claim aggravated damages in a motor vehicle accident claim? (Ontario, Canada)
How is a plaintiff's claim for damages in a motor vehicle accident determined in two separate actions? (Ontario, Canada)
What is the test for a plaintiff to claim damages in a motor vehicle accident case? (Ontario, Canada)
Is a plaintiff's new statement of claim that describes the nature of their employment contract relevant to a whistleblowing claim? (Ontario, Canada)
Is a motion for a stay of execution pending a counter-claim, cross-claim and third party claim valid? (Ontario, Canada)
Is there any case law that allows a plaintiff to plead both an intentional tort of negligence and an unintentional tort of intentional negligence? (Ontario, Canada)
Can a motorcyclist who tripped over a motorcycle parked near his trailer and hit his head on his trailer claim an accident insurance claim? (Ontario, Canada)
What is the test for determining which accident benefit insurer is responsible for payment of fibromyalgia benefits? (Ontario, Canada)
Is there any case law in which a plaintiff can claim damages from a disability insurance contract for loss of income as a result of a tortfeasor's negligence? (Ontario, Canada)
