and Esther J. Roche Associate Thomson, Rogers   Changes to Section 3 of the Statutory Accident Benefits Schedule (“the SABS”) were introduced by the Government of Ontario on September 1, 2010. The changes require an insured to prove expenses have been incurred in order to receive attendant care, housekeeping, and med/rehab benefits. Section 3(7)(e) of the SABS states that in order for an expense to be “incurred”, and thus payable by the insurer, it must...

MORE >>

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 >>

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...

MORE >>

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 interest....

MORE >>

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 is incurred within the time limit as soon as...

MORE >>

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

MORE >>

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...

MORE >>