What's News Blog

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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As the Ontario government continues to consider an overhaul of its definition of “catastrophic impairment,” (CAT), a fear exists that efforts over the last 15 years to establish consistency and predictability in applying the test will be lost, says Toronto plaintiff’s personal injury lawyer Darcy Merkur.



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Since October 1, 2003 with the enactment of Ontario Regulation 281/03, the catastrophic determination for children under the age of 16 has been subject to special considerations.  The issue is what are those special considerations and how do we apply them to an infant’s catastrophic assessment?

For a finding of catastrophic impairment arising from injuries suffered in a motor vehicle accident in Ontario, and the enhanced accident benefits that flow from such a finding, the definition is as follows:



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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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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

Adam Tanel - Toronto Personal Injury Lawyer

Adam J. Tanel
Associate, Thomson, Rogers



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Dr. Harold Becker, Assistant Professor, Faculty of Medicine, University of Toronto has written an opinion paper regarding the “redefinition” of Catastrophic Impairment, which is going to be discussed at the Financial Services Commission of Ontario (FSCO) Roundtable this Friday.

Read Dr. Becker’s paper here.



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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



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