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

Guest Column: Paying what’s fair

Toronto Sun | by Darcy Merkur | December 16, 2017

Toronto Sun thumbnail 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 … Continued

Another Bad AC RE Retro Application Of Post-Feb. ’14 rule

Posted August 9, 2017

Deanna Gilbert 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 … Continued

Pedestrian Car Accident Claims – To Settle or Not To Settle

Posted July 13, 2017

Stacey Stevens, best personal injury lawyer Toronto 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 … Continued

Claiming Economic Loss for Lost Opportunity

Posted June 9, 2017

Stacey Stevens, best personal injury lawyer Toronto In Tierney, Arbitrator Robinson was asked to consider whether Jocelyne Wilson met the definition of incurred pursuant to subsection 3(7)(e)(iii)B of the SABS by accepting a co-op position that paid less than one she believed she may have gotten but for the collision. If so, Mrs. Wilson was entitled to be paid $155,000 in attendant … Continued