Catherine H. Zingg

“I draw on my extensive experience to help clients achieve their goals as efficiently as possible.”

Toronto – Whitby – Ottawa
416-368-0231 ext. 248
czingg@fmlaw.ca
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Georgina Cummins, Assistant/Law Clerk
416-368-0231 ext. 253
gcummins@fmlaw.ca

Catherine has expertise in Ontario’s Statutory Accident Benefits Schedule across all regimes as well as loss transfer and priority disputes under the Insurance Act., She has appeared at all levels of court in Ontario in tort cases and at the Financial Services Commission of Ontario and the Licence Appeal Tribunal in SABS cases.

Catherine publishes a monthly Accident Benefits Newsletter and is the author of Accident Benefits in Ontario, published by Canada Law Book (formerly co-authored by the Honourable James M. Flaherty).

Catherine was a member of the Federal Greater Toronto Area Judicial Advisory Committee (2013-2015), Chair of the Counsel Forum at FSCO, a Member of the Minister’s Committee on the Designated Assessment Centre System, Secretary and Treasurer of the Women’s Law Association of Ontario and a Member of the Civil Litigation Executive. She has participated in Mock Trial and Career Days at elementary schools through the Ontario Bar Association. She currently serves as a volunteer on a Patient and Family Advisory Council at Sunnybrook Hospital.

Catherine has been an Instructor for the Bar Admission Course and the Professional Responsibility Program for the Law Society. She also participates in the Civil Item Writing Session for the Law Society. In 2016 she was an Instructor for Osgoode Professional Development for SABS Training for SLASTO Members. In addition, she frequently presents papers and chairs programs for legal education programs given by the Law Society, Osgoode Professional Development and the Canadian Institute.

Education

Called to the Ontario Bar, 1989
LL.B., Osgoode Hall Law School, 1986
B.A., University of Toronto, with distinction, 1983

Memberships

Ontario Bar Association
The Advocates’ Society
The Medico-Legal Society
Women’s Law Association of Ontario

Selection of Cases

Minor Injury Guideline / Chronic Pain: M. K. v. Aviva Insurance Company, 2020 ONLAT 19-004737/AABS – The Adjudicator accepted the insurer’s submissions that the Applicant did not meet the criteria for the establishment of a chronic pain claim. The claims for medical / rehabilitation benefits and a special award were dismissed with the Adjudicator finding that his injuries fell within the Minor Injury Guideline.

IRB Quantum; Unreported Income: T.S. and Aviva Insurance Canada, 18-002858/AABS, Apr. 28, 2020 – A claim for income replacement benefits was dismissed based on arguments regarding the applicability of s.4(5) SABS which requires calculations to be based on reported income.

Burden of Proof for NEB, Attendant Care and Special Award: In C.C. and Erie Mutual Insurance Company, 18-010778/AABS, Jan. 7, 2020 (Cousineau) – Burden of proof for non-earner and attendant care benefits where Applicant had endured trauma not related to the accident.

NEB and MIG: A.M. and Aviva Insurance, 18-008059/AABS, 2019 CanLII (ON LAT) – we successfully defended for our client a claim for non-earner benefits. The insurer’s arguments regarding the Minor Injury Guideline were accepted.

IRB:  RP v. Aviva General Insurance-000131/AABS, 2019 CanLII 83896 (ON LAT) – A successful defence for our client  of an IRB claim following an in person LAT hearing.

IRB, M/R, CE: 17-009034 v. Aviva Insurance Company of Canada, 2019 CanLII 34621 (ON LAT) – A successful defence for our client of all claims for IRBs, the cost of examinations and medical benefits following an in person LAT hearing.

LAT Reconsideration Decision: 17-009034 v. Aviva Insurance Canada, 2019 CanLII 76872 (ON LAT) Adjudicator Watt dismissed the applicant’s application for Reconsideration, upholding the insurer’s successful defence of claims for IRBs and the cost of examinations.

MIG and Special Award: 18-002086 v Aviva Insurance Canada, 2019 CanLII 22215 (ON LAT) – Following a hybrid hearing the applicant’s claims for medical / rehabilitation benefits and a special award which were dismissed with the Adjudicator finding that her injuries fell within the Minor Injury Guideline.

M/R Treatment Plans: In 17-007853 v. Aviva Insurance Canada, 2018 CanLII 112118 (ON LAT) The applicant’s claims for three medical / rehabilitation treatment plans were dismissed.

Definition of “Accident” in SABS context: 16-001683 v. State Farm Mutual Automobile Insurance Company, 2017 CanLII 69241 (ON LAT) (Lee)the LAT Adjudicator accepted the insurer’s argument that the incident was not an “accident” as defined in the SABS and the application was dismissed. The applicant sustained a fracture after being struck by a golf cart.

NEB / Burden of Proof: 16-003141 v. Aviva Insurance Canada, 2017 CanLII 46352 (ON LAT) we successfully defended for our client the applicant’s claim for non-earner benefits in the amounts of $185.00 per week and $320.00 per week which were dismissed following a written hearing.

Mental Capacity: SK v. Aviva Canada, 2007, FSCO A05-002245 – the Arbitrator accepted that the applicant did not have the mental capacity to proceed without the appointment of a litigation guardian. The insurer successfully presented expert evidence to obtain this result.

Employment Records: W v. Aviva Canada, 2007, FSCO A05-002166 – we won for our client a motion to obtain the applicant’s complete employment file from Canadian Tire.

Multiple Claims / Optional Benefits: G and G v. Personal Insurance, 2016, FSCO A13-013882 and A14-00-3591 – we successfully provided for our client a shutout win against two claimants. The claims were for caregiving, housekeeping, income replacement benefits and medical / rehabilitation expenses. This was a lengthy and complex hearing involving two applicants.

Costs Decision: G and G v. Personal Insurance, 2017, FSCO A13-013882 and A14-00-3591 – we were awarded for our client expenses in the amount of $27,592.37 following a complex and lengthy hearing stretching over nine days and eight months involving the claims of two applicants.

 

Selection of Presentations

March 25, 2019: “The LAT Rules: Buried Treasures and Hidden Pitfalls” at the Osgoode Professional Development Accident Benefits Program.

May 2019: Invited by the Law Society of Ontario to participate in the Civil Litigation Item Writing session to assist in developing exam questions for Law Society examinations.

 

Charities / Community Events:

June 2019: Co-Chair of a fundraising committee that hosted a successful dinner and lecture to raise funds for Sunnybrook Hospital.

Supporter of the Mini Royal Horse Show that raises money for the Community Association for Riding for the Disabled.

Member of Patient Family Advisory Council, Sunnybrook Hospital