Brittanny joined Flaherty McCarthy LLP after completing her articles with a large full service Toronto law firm.  Brittanny maintains a large practice with a focus on motor vehicle accident tort and statutory accident benefits disputes, loss transfer and priority disputes, occupier’s liability, and various other insurance defence matters. Brittanny has successfully represented insurance companies and private individuals before the Superior Court of Justice, the Ontario Small Claims Court, the Licence Appeals Tribunal, and previously, the Financial Services Commission.

Brittanny obtained an Honours BA in both Psychology and Spanish Literature in 2008.  She graduated from Osgoode Hall Law School in 2011 and was called to the Ontario Bar in 2012.

Education

Called to the Ontario Bar, 2012
J.D., Osgoode Hall Law School, 2011
B.A. (Hons.), York University, 2008

Memberships

Canadian Bar Association
Metropolitan Toronto Law Association
The Advocates’ Society

Selection of Cases

IRB, Medical Benefits, Payment to Non-FSCO Approved Facility: Arama v. Allstate 2019 LAT (Amended to include supplementary issue) –  the applicant was unsuccessful for his IRB claim and disputed treatment plans. Our client was also successful in clarifying the manner of payment to non-FSCO approved facilities for “approved” treatment must be made directly by the applicant first.

Medical Benefits, Interest, Failure to submit OCF18s in evidence: K.R. v. Aviva 2019 LAT – our client was successful on all disputed medical benefits and interest.  In stating that the applicant failed to meet the burden of demonstrating reasonableness and necessity, the Adjudicator considered that the applicant failed to submit her OCF18s in evidence for the Hearing.

Medical Benefits, Dental, Causation: G.N.K. v. Aviva 2018 LAT – we were successful on behalf of our client on the disputed medical benefits and interest.  The Adjudicator agreed that the applicant failed to demonstrate that the dental issues were caused by the accident.

MIG, Medical Benefits, Chronic Pain, Late Service of Reports: V.G. v. Aviva 2019 LAT – successful MIG determination, disputing an alleged chronic pain diagnosis and all other claims dismissed.  Also addressed is the issue of late service of reports by way of a written Hearing.

Medical Benefits, Cost of Examination, 3-part test: Rattan v. Aviva 2019 LAT –  success on all disputed medical benefits and the cost of a chronic pain assessment, as well as the application of the 3-part legal test for whether a treatment plan is reasonable and necessary.

Reconsideration: Rattan v. Aviva 2019 LAT –  the applicant sought a Reconsideration and our client’s position was upheld.  

Preliminary Issue, Re-Election of Weekly Benefits: G.N.K. v. Aviva 2020 LAT – our client was successful on the preliminary issue as a bar to the applicant proceeding with a re-election and claim for non-earner benefit.

MIG, Medical Benefits, Interest: MM  v. Allstate Canada 2020 LAT – success on upholding the MIG, disputing an alleged chronic pain diagnosis and having all other claims for medical benefits dismissed.

Medical Benefits, 3-part test, S.38(2), Transportation expenses, damaged clothing: Kassam v. Allstate Canada 2020 LAT – success on all disputed medical benefits and other issues including transportation and damaged clothing expenses.

Medical Benefits (Hockey Training), S.38(2), Relief from Forfeiture: Ramrekersingh v. Certas 2020 LAT – success on the disputed rehabilitation benefit requested for extensive hockey training and defending the argument on relief from forfeiture in light of s.38 SABS.