Steve Rastin And Jessica Golosky Assist OTLA In Securing Landmark Victory For Discoverability In SABS Cases

Steve Rastin and Jessica Golosky, as part of a team acting on behalf of the Ontario Trial Lawyers Association, were successful in arguing that the principle of discoverability applies to disputes involving entitlement to income replacement benefits under the Statutory Accident Benefits Schedule (SABS). The Court of Appeal in The Personal Insurance Company v. Tagoe, 2024 ONCA 894 dismissed the insurer's appeal, affirming that the leading decisions of Tomec v. Economical Mutual Insurance Company, 2019 ONCA 882 and Pioneer Corp. v. Godfrey, 2019 SCC 42 applies to all SABS cases, including claims for income replacement benefits.