On December 6, 2017, Adjudicator Go confirmed that an insured is entitled to be paid attendant care benefit regardless of whether the Personal Support Worker (PSW) was working in his/her field at the time of the collision. In J.C.C. v. Echelon, 2017 CanLII 85731 (ON LAT) the insured sustained significant orthopaedic injuries in a motorcycle collision. A … Continued

In a recent costs decision, Aviva Canada (“Aviva”) was hit with a $237,017.50 substantial indemnity cost award. The decision was rendered by Madam Justice Sanderson following a jury trial between the Plaintiff, Maria Persampieri, and various defendants insured by Aviva.  The jury in the action had awarded the Plaintiff damages of $20,414.83 following an earlier … Continued

Just months ago the Wynne government stripped tetraplegics, amputees and brain injury survivors of important benefits (at the request of the insurance industry). However, in more recent news, the Supreme Court of Canada just made it easier for Plaintiffs to advance claims for mental/psychological damages. In the B.C. trial of Sadaati v. Moorhead, released earlier this year, a … Continued

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

For accident victims, the process of submitting treatment plans and waiting for an insurer’s response can be a source of frustration. Receiving a denial of a requested medical treatment or device by an auto insurer can often stall recovery and cause significant stress to the insured person. Section 38 of the Statutory Accident Benefits Schedule, provides certain procedural requirements … Continued