ABR Updater: Kathleen Wynne Taketh Away, But Canada’s Top Court Giveth Back
ABR Updater, Issue 42 | by Adam Tanel | November 2017
Just months ago the Wynne government stripped tetraplegics, amputees and brain injury survivors of important benefits (at the request of the insurance industry). However, in more recent news, the Supreme Court of Canada just made it easier for Plaintiffs to advance claims for mental/psychological damages. In the B.C. trial of Sadaati v. Moorhead, released earlier this year, a … Continued
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 … 
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 … 
The National Epidemiologic Database for the Study of Autism in Canada reports that in Canada currently 1 in 94 children are diagnosed with autism spectrum disorder. The Canadian Medical Association Journal reports similar findings, specifically that 1% of the Canadian population is affected by autism spectrum disorder. This means that in Ontario there are approximately … 
The purpose of this article is to provide a brief “refresher” on the scope of the “medical and other reasons” that must be provided by an insurer to its insured when an insurer examination (“IE”) is being requested. Save for the exceptionally lucky, most people who have been injured as a result of a motor …