Auto Insurance Legislation

Since the Sept. 1, 2010 re-introduction of the concept of "incurred" expenses and the qualifying term "economic loss" in the Statutory Accident Benefits Schedule, automobile insurers and accident victims have debated how the terms incurred and economic loss should be applied when paying for allowable goods or services, Toronto personal injury lawyer Stacey L. Stevens writes in Lawyers Weekly. "The debate is even more pronounced when the person providing the goods or services is a...

MORE >>

Dr. Harold Becker, Assistant Professor, Faculty of Medicine, University of Toronto has written an opinion paper regarding the “redefinition” of Catastrophic Impairment, which is going to be discussed at the Financial Services Commission of Ontario (FSCO) Roundtable this Friday. Read Dr. Becker’s paper here.

MORE >>

We are pleased to announce the launch of our official Thomson, Rogers Facebook page. We invite you to visit our page which features our latest community involvement, auto insurance legislation updates, webcasts, event photos, media reports and more. Visit our page here.

MORE >>

Seriously injured accident benefit claimants in Ontario no longer are required to dispute a “catastrophic impairment” denial within two years from the date of the denial, according to a recent arbitration decision, Toronto plaintiff’s personal injury lawyer Darcy Merkur writes in Lawyers Weekly.  Read Lawyers Weekly “Because qualifying as having suffered a ‘catastrophic impairment’ allows an Ontario motor vehicle accident claimant to essentially...

MORE >>

Just as a common understanding of the term “catastrophic impairment” has been reached, its definition is being completely reworked with an aim for a more accurate and objective system, Toronto plaintiff’s personal injury lawyer Darcy Merkur recently discussed at the Back to School with Thomson Rogers and Spinal Cord Injury Ontario Conference. “Changes to the definition of the term catastrophic impairment are coming,” Merkur, partner with Thomson Rogers,...

MORE >>

The majority of the recommendations included in a government task force’s report on fraud in the province’s auto insurance system are positive, Toronto personal injury lawyer Stacey L. Stevens says in Law Times. Read Law Times. The auto insurance anti-fraud task force’s final report recommends changes to prevention, detection, enforcement, and regulatory roles, the article says, noting troubling trends in claims costs prompted the Ontario government to appoint the task force to assess the...

MORE >>

On November 23, 2012, David MacDonald's presented at the Financial Services Commission of Ontario (FSCO). His seminar topic "Succeeding on Mediations and Arbitrations"is available for viewing.

MORE >>

Overcharging experts beware – no longer will the courts simply rubber stamp disbursements claimable against a losing party. While the courts have historically been relatively assertive in assessing legal fees, and in making sure that the time spent and the fees charged by counsel were reasonable; they have historically been relatively passive in their approach to assessable disbursements. Presumably the courts avoided challenging disbursements since the disbursements claimed...

MORE >>

Has your insurance broker taken the time to properly explain the Statutory Accident Benefits Schedule Optional Benefits to you and your family members when you renew your car insurance policy? As a result of the recent Ontario Superior Court of Justice decision in Zefferino v. Meloche Monnex Insurance you may find your broker spending a little extra time going through these benefits with you when your policy comes up for renewal. On May 27, 2005, Ms. Zefferino suffered serious injuries in a car...

MORE >>

The Financial Services Commission of Ontario and the Ontario Superior Court of Justice has recently released a number of decisions which has defined the terms "automobile" and "use" as required by section 3(1) of the Statutory Accident Benefits Schedule; the defining Regulation for a person’s entitlement to accident benefits after being injured in a car accident. The recent approach illustrates the defining boundaries of this section can be flexible in certain circumstances...

MORE >>