In a unanimous decision released on December 23, 2011, the Ontario Court of Appeal provided welcome relief to motor vehicle accident victims by ruling that both physical and psychological impairments can be combined when assessing the definition of "catastrophic impairment" as it relates to "impairment of the whole person" under section 2(1.1)(f) of the Statutory Accident Benefits Schedule (SABS). The Ontario Court of Appeal reversed the lower court decision in, Kusnierz...
We are pleased to announce that on December 15, 2011, the Honourable Justice Strathy of the Ontario Superior Court of Justice approved the settlement of the Permax class action. To view Justice Strathy's Order and for more information regarding the settlement please refer to the class action litigation section of the website under "Permax".
A full summary of the decision will be posted immediately after its release.
Kingsway General Insurance has been ordered to pay Julian Hotchkiss a non-earner benefit of $185 per week and an attendant care benefit of $5,910.80 per month plus legal fees following Kingsway’s request for an adjournment the Arbitration Hearing so it could appoint new counsel.
In this instance, Kingsway hired Counsel to defend an Arbitration proceeding commenced by Mr. Hotchkiss from the same firm that represented him in a concurrent tort action creating a clear conflict of...
Insurers have been obliged to pay for "incurred expenses" for attendant care under successive Statutory Accident Benefit Schedules (SABS). Wawanesa v. Smith1 stood for the proposition that:
"… the word "incurred" is capable also of the wider meaning of "run into", "render oneself liable to", "bring upon oneself" or "be subject to". There is a wider sense in which the expenditure...
As part of our 75th Anniversary celebrations, we are proud to announce that we have been able to recently help the St. Michael's Hospital Foundation, the Brain Injury Association of Niagara and the Canadian Paraplegic Association - Ontario.
Over the year we have helped raise and donate over $350,000.00 to charities across Ontario.
Happy Holidays and good cheer to all, this very merry season!