Insurance Claimants Could Benefit From SCC Intervention

Barrie-area litigator Steve Rastin says he is hopeful the Supreme Court of Canada (SCC) will agree to weigh in on a recent court of appeal decision that he believes could have a detrimental effect on insurance claimants if it is not reversed.

In Varriano v. Allstate Insurance Company of Canada, the Ontario Court of Appeal (ONCA) ruled that an insurer is not required to provide a medical reason for terminating income replacement benefits (IRB).

However, Rastin, senior counsel at Rastin Gluckstein, says the decision will only make it more difficult to dispute a termination of benefits. He says he would like to see the SCC provide some guidance.

"My understanding is that the plaintiff in Varriano has sought leave to appeal to the Supreme Court of Canada," Rastin tells LegalMattersCanada.ca. "It is unlikely it will happen because leave is rarely granted. But I believe insurance companies, claimants, the License Appeal Tribunal (LAT) and plaintiff lawyers would