What's News Blog

The recent and much anticipated release of the FSCO appeal decision in Scarlett v. Belair1 signals that injured accident victims will have to work harder to get out from under a Minor Injury Guideline (“MIG”) classification by their insurers. Mr. Scarlett was involved in a motor vehicle accident in which he suffered soft tissue injuries (i.e., sprains, strains and whiplash related injuries). Later, he went on to develop chronic pain, depression and other psychological problems, as well as...

MORE >>
Hoang v. Personal Insurance Company: An Insurer Must Remain Open to Additional Information as it Becomes Available What does it mean for an accident benefits insurer to “remain open to additional information as it comes forward” when considering an injured person’s entitlement?  What about information that comes to light after the insurer has denied benefits on the strength of its insurer’s examination? Is the insurer required to meet with the injured person’s lawyer to...

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 >>
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 >>
The Ontario Automobile Insurance Anti-Fraud Task Force has released its final report outlining nearly 40 recommendations, such as expanding the power of the province’s industry regulator (FSCO), greater public disclosure on the part of insurers, and licensing health clinics. Read the full Canadian Underwriter article here. Read the FSCO Report here.

MORE >>
FSCO has released a new guideline regarding Health Claims for Auto Insurance (HCAI) - July 2012. See link below: New Guideline for HCAI 

MORE >>
The criteria required to meet the statutory definition of catastrophic impairment remains unsettled.  The Court of Appeal is set to hear the appeals in Pastore v. Aviva and in Kusnierz v. The Economical Mutual (rejecting the combination of physical and psychological impairments to achieve 55% WPI) later this year.  On October 23, 2011, FSCO released its first decision with respect to meeting the statutory definition of catastrophic impairment under then section 21(2)(g) of the SABS...

MORE >>
From a legal perspective, the most fundamental problem with the CAT Expert Report appears to be a misconception by some of the Panel members about the impact of a CAT designation.  A declaration of CAT does not mean automatic entitlement to benefits!  The SABS process, whether CAT or non-CAT, is a needs based system, wherein accident victims are eligible to make claims for reasonable and necessary expenses, up to certain limits. This fundamental misunderstanding of the implications of...

MORE >>