A few weeks ago, a Canadian judge, Justice Acton of the Queens Bench of Saskatchewan, awarded Luciano Branco $5,000,000. The $4.5 million awarded for punitive and aggravated damages was the largest ever handed out in a Canadian court.

CBC Radio’s “The Current” featured a story on Mr. Branco’s journey. Click “Insurance Tactics: Deny, Delay, Defend and Pay Up?” to listen.

Luciano Branco was injured while working in a mine in Kyrgyzstan. As a result of his injury he was eventually rendered disabled. Unfortunately, Mr. Branco’s long-term disability insurer refused to pay the benefits required to replace his income. The
insurer’s refusal to pay was especially hard to understand in light of the fact that the claims department had approved Mr. Branco for payment at a relatively early stage. However, for some unknown reason, the insurers’ in house legal department continued to deny payment of the claim. Following the trial Justice Acton awarded a total of $4,500,000 in punitive and aggravated damages. These damages were meant to compensate Mr. Branco for the additional suffering that had been caused by the insurer’s unreasonable actions.

In his decision, Justice Acton called the companies “calculated,” “abhorrent,” and “reprehensible.” He said they repeatedly, and in his words “maliciously” tried to thwart Mr. Branco’s claim. And Justice Acton didn’t stop there. He said he hoped the ruling would “gain the attention of the insurance industry” … and added “the industry must recognize the destruction and devastation that their actions cause.” Justice Acton was sending a message to the entire insurance community that “a pattern of abuse of an individual suffering from financial and emotional vulnerability” would not be tolerated by the courts.

Two cases at the opposite ends of the spectrum

Once again, Allen Wynperle is co-chairing the Annual Joint Insurance Seminar for the Hamilton Law Association and Insurance Adjusters’ Association on April 30th. It’s the 27th year for the event, which brings together over 300 attendees: lawyers, the insurance community, and healthcare providers.  In Allen’s presentation, he’ll provide an update on important accident benefit cases. Two of particular interest represent opposite ends of the spectrum in terms of kind of injury defined by the SABS: catastrophic and minor. They also resulted in interesting and for some, surprising rulings. Continue reading →

27th Annual Joint Insurance Seminar
April 30, 2013
Hamilton Law Association – Ontario Insurance Adjusters’ Association (Hamilton Chapter)
Allen Wynperle is part of the planning and organizing committee. He’s also presenting the Top 10 ABI Cases.
Learn more Continue reading →

The 2012 Zurich Concussion in Sport Conference also resulted in updated resources for the diagnosis and assessment of concussions.

• Concussion Recognition Tool (CRT)
• Sports Concussion Assessment Tool V3 (SCAT3)
• SCAT3 for children 5-12, in recognition that diagnosis and care for children can be different from that of adults.

Continue reading →

Last November, world experts in sports-related concussions gathered at the 2012 Zurich Concussion in Sport Conference. The organizers included the International Ice Hockey Federation, FIFA, and the International Olympic Committee, with participants from highly recognized sports organizations, e.g. NHL and NFL. Continue reading →

Until recently, many concussions caused by a blow to the head were categorized as “mild” traumatic brain injuries. Not long ago, such injuries weren’t considered serious as long as there wasn’t other signs of trauma (i.e. loss of consciousness or motor incoordination). Kids and young athletes simply resumed their normal activities, returned to the hockey or soccer they were playing, or went back to class. Continue reading →

We’ve all read these stories in the paper and shuddered at the facts. Someone plans a sunny vacation getaway in a tropical paradise and the unthinkable happens—he or she is seriously injured. If the accident had happened at a holiday resort or hotel in Ontario, you can sue for damages arising out of the accident. But what if you’re staying at a holiday resort or international hotel outside of Canada? Can you sue a foreign corporation in an Ontario court?

Injured While on Vacation

This actual situation happened a few years ago in Cuba. In one incident, an individual (the plaintiff), Ms. Van Breda, suffered catastrophic injuries after using faulty equipment set up on the beach. The equipment was owned by the resort where she was staying. Van Breda launched a lawsuit against the Cayman Island resort that operated the facility.

Before the lawsuit was settled, the question went to the Supreme Court of Canada, which also reviewed a separate incident where another individual on vacation in Cuba was killed. The decision in Club Resorts Ltd. v. Van Breda (“Van Breda”) was released this April 18, 2012.

Despite the fact that the accident involved happened in Cuba, it was decided that the injured person could sue in Ontario if one of the following factors existed:
• The vacation company was established in Ontario
• The vacation company was doing business in Ontario
• The injury happened in Ontario
• A contract connected with the dispute was made in Ontario

Protect Yourself When You Book

At Wynperle, we see the long term impact of catastrophic injuries on the lives of individuals and their families. If you are traveling abroad, our advice is to make sure you use a travel agent in Ontario. In many countries, you can’t sue for damages if the unthinkable happens. But if you make your arrangements with an Ontario based agent, your vacation contract is formed here—and you are much better protected.

All of your friends at Wynperle Law wish you the best of luck and continued success as you embark on your legal career!