Entitlement to attendant care benefits upheld
Law Times | by Michael McKiernan, quoting Deanna Gilbert | June 11, 2018
A Divisional Court decision upholding a woman’s entitlement to attendant care benefits offers guidance on the Statutory Accident Benefits Schedule’s controversial “incurred expense” provisions, according to the injured plaintiff’s lawyer. The decision in Helmer v. Belairdirect Insurance Company revolved around the May 6, 2016 motor vehicle accident that injured Belinda Helmer, the owner and operator … Continued
A controversial arbitration decision has encouraged various automobile insurers throughout Ontario to deny necessary care and supervision services to the most seriously injured motorists. And the Financial Services Commission of Ontario (FSCO), mandated to “protect the public interest and enhance public confidence in the sectors it regulates”, such as the automobile insurance industry, is doing … 
A couple of months ago, I reported on the FSCO decision of MVACF v. Barnes. This was a concerning appeal decision, wherein the Director’s Delegate concluded that irrespective of when the crash occurred, any attendant care provided after the February 2014 amendment to the Statutory Accident Benefits Schedule (SABS) is subject to that amendment. The … 
Pedestrians involved in a car accident should be cautious when settling their claim. In particular, settlement of a catastrophic Statutory Accident Benefits(SABS) claim prior to the negligence trial can be risky. The recently released decision in Cadieux v. Saywell, 2016 ONSC 7604 (CanLII) is a perfect example of why this may not always be advisable where …