Despite delay, catastrophic definition may still be overhauled

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.

At this year’s annual Back to School conference on Sept. 12, Merkur provided an update on the topic by revisiting his 2012 paper titled The Anticipated Changes To The Definition of “Catastrophic Impairment” And Its Expected Impact.

The proposed changes were delayed after a campaign by victim advocates, says Merkur, noting the government continues to entertain the idea of a new definition.

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