ABR Updater: Statutory Accident Benefits Schedule Discriminates Against Chronic Pain Victims And Violates Charter Rights

ABR Updater, Issue 41 | by Stephen Birman | October 2017

ABR Updater - Issue 41 Statutory Accident Benefits Schedule Discriminates Against Chronic Pain Victims and Violates Charter Rights by Stephen Birman Thumbnail On September 14, 2017, FSCO Arbitrator Benjamin Drory declared that the Minor Injury Guideline (“MIG”) insofar as it applies to “chronic pain” victims of motor vehicle accidents is unconstitutional and in violation of section 15 of the Charter of Rights and Freedoms. The decision rendered in Abyan v. Sovereign General Insurance Company is a landmark ruling … Continued

Mandamin v. Pafco: You cannot SOLELY dispute a CAT denial at the LAT

Posted August 29, 2017

Deanna Gilbert In the decision of Mandamin v. Pafco Insurance Company, released on July 31, 2017, an Arbitrator at the Financial Services Commission of Ontario (“FSCO”) held that the Licence Appeal Tribunal (“LAT”) does not have the jurisdiction under s. 280(1) of the Insurance Act to hear an Arbitration that solely involves a dispute over whether or … Continued

Law Times: Ruling on CPP a win for accident victims

Law Times | by Michael McKiernan, quoting Deanna Gilbert | August 21, 2017

Law Times logo 150x46 A Supreme Court of Canada decision that ruled the Canada Pension Plan is not a policy of insurance is a win for accident victims across the country, says a Toronto lawyer. In Sabean v. Portage La Prairie Mutual Insurance Co., a unanimous seven-judge panel of the nation’s top court ruled the insurer could not deduct a … Continued

ABR Updater: America The Beautiful – Auto Insurance for Ontarians

ABR Updater | Issue 39 | by Carr Hatch | August 2017

ABR Updater, Issue 39 by Carr Hatch, personal injury lawyer Instead of staying put all year in the great white north I, like many Ontarians, regularly visit the beautiful American cities of Buffalo and Detroit. Though most Ontarians sail through these border towns and are pleased when they see them in their rear view mirrors, en route to friendlier, sunnier, and greener destinations, New York State and Michigan are … Continued

Car Insurance Reforms Bad for Taxpayers

Toronto Sun | by Darcy Merkur | August 14, 2017

Toronto Sun thumbnail Why lower premiums for less coverage will inevitably lead to higher taxes Anyone want to save $100 per year on automobile insurance? What’s the catch you ask? Well, you will get less insurance protection than you need. Oh, and did I mention your taxes will go up significantly because people without adequate insurance protection will … Continued