CAUSATION AS IT RELATES TO INJURY VICTIMS WITH AUTISM SPECTRUM DISORDER IN PERSONAL INJURY ACTIONS
ABR Updater | Issue 38 | July 2017
The National Epidemiologic Database for the Study of Autism in Canada reports that in Canada currently 1 in 94 children are diagnosed with autism spectrum disorder. The Canadian Medical Association Journal reports similar findings, specifically that 1% of the Canadian population is affected by autism spectrum disorder. This means that in Ontario there are approximately … Continued 
The purpose of this article is to provide a brief “refresher” on the scope of the “medical and other reasons” that must be provided by an insurer to its insured when an insurer examination (“IE”) is being requested. Save for the exceptionally lucky, most people who have been injured as a result of a motor … 
Defence medical assessments are a fact of life for Plaintiffs in personal injury litigation. Most injured accident victims dislike the idea of attending these assessments with medical experts retained by the defendant’s insurance companies. As lawyers, we frequently hear from clients who call us in frustration with complaints that the medical expert had pre-determined his/her … 
Why it is NOW crucial to complete and submit a Disability Certificate (OCF-3) ASAP – An important message for hospital providers. Traditionally, we have explained to hospital providers that while it was best for patients to submit their Accident Benefit documents (i.e. Application and Disability Certificate) to their accident benefit insurer ASAP, there was no serious … 
On January 27, 2017, the License Appeal Tribunal released M.P. v Certas Home and Auto 2017 CanLII 9810 (ON LAT) denying payment of an attendant care benefit to an insured whose service provider was his wife and a certified PSW. This is an important decision as it addresses the Tribunal’s interpretation of the definition of incurred found in section … 
Lawyers routinely rely on the expertise of healthcare and rehabilitation professionals to establish their injured clients’ eligibility for accident benefits. Car accident injury victims who cannot work may be entitled to an income replacement benefit (IRB). Those who do not qualify for an IRB (full-time students, recent graduates, stay-at-home parents, unemployed and retired persons) may qualify for payment of a “non-earner” … 
The debate over whether ongoing Ontario personal injury automobile claims are impacted by recent legislative amendments received some clarity recently, at least when it comes to the issue of prejudgment interest. However, the dispute over the application of annually increasing statutory deductibles to ongoing personal injury automobile claims remains. Ontario motor vehicle accident victims involved … 
Insurance companies have a duty to deal fairly with the claims of the people they insure. If you are in a car accident, however, you cannot sue your insurance company for bad faith in connection with their decision to deny your statutory accident benefits. In 702535 Ontario Inc. v. Non-Marine Underwriters, Lloyd’s of London, the … 
Two recent decisions by the Ontario Divisional Court and the Court of Appeal for Ontario provide a sobering reminder of the necessity of providing clear and unequivocal breakdowns of the amounts received for Statutory Accident Benefits (SABS), including any lump sum settlements. A similar clear set of jury questions which separates each head of damage … 
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 … 
This year Thomson, Rogers proudly celebrates its 80th anniversary. In fondly looking back over the years, we often recall the many clients and friends who’ve touched our hearts and inspired us with their courage and perseverance. To honour our clients and recognize their achievements in reclaiming their lives, following traumatic injuries, we’re helping them give … 
A search of Ontario medical malpractice cases decided in the last 6 months shows that Plaintiffs risk having their cases dismissed if they do not have an experienced malpractice lawyer. Plaintiffs’ claims are often dismissed because they have not commenced their action within 2 years. Of approximately 14 medical negligence rulings in the last 6 … 
About a year ago, I was speaking with a friend who had started driving for UberX. I asked my friend whether his automobile insurer was aware of his ridesharing activity. I pointed out to him that the standard automobile insurance policy in Ontario excludes taxis and drivers with paid passengers. Following our conversation, my friend … 
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 … 
Just in time for April Fools’ Day, a letter arrived at my home from my automobile insurer. My insurer was “writing to inform you of upcoming changes to your automobile insurance”. Enclosed with the letter was an “introduction to these changes, provided by the Financial Services Commission of Ontario.” The letter advised “your coverages remain … 
The recent Divisional Court decision in Mikolic v. Tanguay, 2015 ONSC 71(CanLII) sheds light on the credit a tort defendant receives when the statutory accident benefits case (SABS) settles before the tort trial. At issue was what, if anything, from the SABS settlement was deductible from a jury award at trial of: $20,000 for past … 
Thomson, Rogers has always taken great pride in our endeavours to protect the rights of our clients. Recently, Leonard Kunka represented Mr. Waldock, a university professor, in his claim against State Farm Insurance. The main issue at the hearing was whether or not Leonard’s client was catastrophically impaired pursuant to the Statutory Accident Benefit Legislation. … 
In a rare move the Ontario Court of Appeal overturned its previous decision in the 1955 case of Newman v. Terdik firmly closing the door on an automobile insurer’s ability to deny liability coverage to its insured when a negligent driver operates their vehicle in a manner prohibited by the owner. In Fernandes v. Araujo … 
The determination of the legal disputes that arise out of complex personal injuries has become more and more dependent upon the observations and opinions of health care practitioners. Therefore, the ability of healthcare practitioners to communicate their observations and opinions in the legal arena is vitally important to all patients who are unfortunately involved in …