What's News Blog

On January 4, 2013, I discussed two key decisions requiring an Accident Benefit  Insurer to pay its insured an attendant care benefit based on a Form 1 Assessment of Attendant Care and not the costs associated with obtaining this service or the economic loss suffered by the care provider in doing so. On July 26, 2013, the Ontario Court of Appeal, in Henry v. Gore Mutual Insurance Company 2013 ONCA 480 upheld the lower court’s ruling that the economic loss requirement contained...

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A special panel discussion took place at the Back to School Conference. This discussion featured commentary from: Martha Binstock, B.Sc.P.T., MCPA, CLCP Maggie Didiano, BA (Hons.), Rehab Cert. Heather Flett, BA, BSc., MSc Helena Griner, Lyndhurst Centre Client Leonard Kunka, Partner - Thomson, Rogers Blair Williams, Lyndhurst Centre Client This discussion included commentary on the following points: When rehabilitation facility stays are too short. The client perspective. When clients are...

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On March 26, 2013, a decision was rendered by the Financial Services Commission of Ontario in the case of Lenworth Scarlett and Belair Insurance Company Inc. The applicant, Lenworth Scarlett, suffered soft tissue injuries, psychological injury and a TMJ injury arising from a motor vehicle accident which occurred on September 18, 2010. The decision of Arbitrator John Wilson is the first decision regarding the Minor Injury Guideline ("MIG") pursuant to the MIG which came into effect on September 1...

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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. "The debate is even more pronounced when the person providing the goods or services is a...

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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...

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Following a lengthy trial against the County of Brant, Thomson, Rogers personal injury lawyers David F. MacDonald, Michael L. Bennett and Robert M. Ben obtained a multi-million dollar judgment for a client who suffered a serious brain injury after the car he was driving during winter conditions left a rural road on a sharp curve. The trial judge held the County liable for its failure to post the appropriate sharp curve/reduced speed warning sign. See the Reasons for Decision of the trial judge here....

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With the return of the definition for the term "incurred", Insurers have been applying various interpretations of this term in order to reduce or limit the amount of attendant care payable since September 1, 2010. Recently, FSCO released a decision with respect to an Insurer’s attempt to pay the attendant care benefit based on the minimum wage applicable to the Insured’s residency rather than the Form 1 hourly rate. While this decision relates to a collision, which...

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A recent FSCO decision of Arbitrator Wilson provides an answer to the question of whether an insurer gets credit against Income Replacement benefits, for a lump sum CPP Disability payment received long after an accident. The insured, Leroy Pries applied for and received accident benefits, (and in particular the IRB benefit) from Economical Mutual Insurance Company following a motor vehicle accident of September 3, 2007. Mr. Pries applied for a CPP Disability benefit and was notified on March 3, 2010 that...

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