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...

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It is important to remember that Catastrophic Impairment is a legal definition, not a medical one. Therefore, what does or does not represent catastrophic impairment cannot be based on “science”, nor can it be based on medical opinion. That is the essence of the discussion at hand. Much of what is being contemplated in the redefinition is an attempt to cloak Policy as Science. If it is Policy to change the definition, so be it. FSCO should be honest and declare its intent to the 12 million...

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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...

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A provincial budget proposal to reduce auto insurance premiums by an average of 15 per cent is good news for Ontario drivers, but should not come at the cost of benefits available under the policy, says Toronto personal injury lawyer Stacey L. Stevens. “In response to this announcement, the Insurance Bureau of Canada (IBC) predicts the reductions of premiums could result in a $1-billion loss for auto insurance companies if reforms are not put in place,” she says.  Read Canadian...

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As a member of the Personal Injury Alliance, Thomson Rogers is pleased to be part of a one day Practical Strategies conference for health care providers. The conference will take place on Thursday, June 13th at The Carlu in Toronto. TR Personal Injury lawyers Sloan Mandel and Wendy Moore Mandel will be speaking at the event. This conference is designed to: Provide information about the unique advocacy required for proving the spinal cord injury case Provide information about the latest developments...

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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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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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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,...

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