Expect more Charter challenges in benefit disputes

Law Times | by Michael McKiernan, quoting Stephen Birman | November 13, 2017

Law Times logo 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

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

Chronic Pain Cases – Beware of the Civil Jury: A Review of Mandel v. Fakhim

ABR Updater | Issue 34 | November 2016

ABR Updater Issue 34 - November 2016 by personal injury lawyer John-Paul Zeni Think hard before taking a chronic pain case to a jury trial in the current legal environment. Juries continue to be suspicious of chronic pain related injuries and are making it extremely challenging for chronic pain suffering victims. The recent case of Mandel v Fakhim is another prime example of this trend, to the point … Continued

Litigating Chronic Pain Cases: What Plaintiffs, Health Practitioners, and Personal Injury Lawyers Need to Know

ABR Updater | Issue 31 | July 2016

ABR Updater July 2016 Issue 31 by personal injury lawyer Deanna Gilbert For a long time, “chronic pain” has been seen as an unfavourable term in personal injury litigation.  Although there have been some positive strides in recent years, there still remains a perception for many that the disability is not real.  But for many people, chronic pain syndrome is a very genuine, very disabling condition; and … Continued