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

David MacDonald Presents at the 2017 ABI Provincial Conference

Posted October 24, 2017

David MacDonald, best personal injury lawyer in Toronto We are pleased to announce that David MacDonald, a partner at Thomson Rogers was invited by the Ontario Brain Injury Association to speak at their upcoming bi-annual conference – 2017 Acquired Brain Injury Provincial Conference “Making a Difference”. Catch David’s presentation, Concurrent Session D6 – “CAT Turbocharger – Here, take the Keys” on Friday, November 3 … Continued

Event: Considering the Future SABS Conference 2017

Posted September 29, 2017

Event Date: October 27, 2017
SABS Conference Oct 2017 Thomson Rogers, in collaboration with Community Solutions is proud to present Considering the Future SABS Conference. The conference will be taking place at Dalewood Golf Club in Port Hope on Friday, October 27, 2017. The morning is scheduled for challenging discussions followed by a luncheon and networking opportunity. The conference will focus on the following: How … 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

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