What's News Blog

The Ontario government recently blindsided the personal injury community with a further amendment to the Ontario Statutory Accident Benefit Schedule (SABS) designed to essentially eliminate the possibility of friends and family members providing paid attendant care services to injured loved ones following a motor vehicle accident.



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Accident benefit insurers may still be responsible for the cost of rebuttal reports in relation to accidents governed by automobile policies predating Sept. 1, 2010, when legislative amendments removed the payment obligation, Toronto plaintiff’s personal injury lawyer Darcy Merkur writes in Law Times.



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In the winter of 2012, Mrs. Baughan, like many other Ontarians, sought to escape the Canadian winter.  She booked a Carribbean cruise with day excursions on various islands.  The last thing on her mind was insurance coverage in the event of a car accident. 



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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.



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and

Ian Furlong - Personal Injury Lawyer

Ian W. K. Furlong
Associate
Thomson, Rogers

 

Courts and Arbitrators have helped us to understand how the definition of catastrophic impairment may apply to individuals who suffer very severe injuries in motor vehicle accidents.  These same decisions have helped us to understand that clinical findings by treating and assessing health care professionals are integral to the process of evaluating whether a person has sustained a catastrophic impairment.



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Hoang v. Personal Insurance Company:
An Insurer Must Remain Open to Additional Information as it Becomes Available



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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.



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and

Esther Roche - Personal Injury Lawyer Ontario

Esther J. Roche
Associate
Thomson, Rogers

 



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