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Esther Roche - Personal Injury Lawyer Ontario

Esther J. Roche
Associate
Thomson, Rogers

 



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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.



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There are well established legal principles that guide the assessment and award of future care claims.  These principles, described in an evolving body of case law, assist the court in its determination of future care awards.  Counsel who advance claims for future care on behalf of their clients and counsel who oppose these claims, should be aware of the cases that have established the basis for future care claims and of the cases that provide instruction about how to assess and prove these claims.



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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. 



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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:



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David MacDonald's article examines the insurer's obligation to pay family members for the attendant care they provide to injured loved ones for accidents occurring September 1, 2010 and following.

Read David MacDonald's article



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On September 1, 2010, the interpretation of "incurred expense" changed dramatically and created new challenges for the families of innocent accident victims.

From 1991 to 1995 the definition of "incurred expense" to obtain attendant care required families to retain professional caregivers in order to qualify for reimbursement under the SABS.  In subsequent revisions of the SABS, the requirement to use professional caregivers was removed and the Courts interpreted the word "incurred" in a manner that was more favourable to the insured.



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