Expect more Charter challenges in benefit disputes
Law Times | by Michael McKiernan, quoting Stephen Birman | November 13, 2017
The provincial attorney general’s failure to defend the constitutionality of its Minor Injury Guideline has helped open the floodgates to Charter challenges in accident benefit disputes, says a Toronto insurance lawyer. Under the Statutory Accident Benefits Schedule, the MIG limits medical and rehabilitation expenses to $3,500 for minor injuries, defined as one or more of … Continued
The Licence Appeal Tribunal (“LAT”) began hearing accident benefits disputes on June 1, 2016. Since June 1, 2016, there have been approximately 100 decisions rendered by LAT adjudicators. In this article, I review a few of the important cases to date and the principles emerging from them. The overriding theme from the claims decided to …