ABR UPDATER | ISSUE 41

STATUTORY ACCIDENT BENEFITS SCHEDULE DISCRIMINATES AGAINST CHRONIC PAIN VICTIMS AND VIOLATES CHARTER RIGHTS

ABR Updater | Issue 41 | October 2017

Stephen Birman, personal injury lawyer at the law firm of Thomson Rogers in Toronto 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
ABR UPDATER | ISSUE 40

FOR INSURERS, TIMING IS EVERYTHING: A COMMENTARY ON FERAWANA V STATE FARM FSCO A13-005319

ABR Updater | Issue 40 | September 2017

Esther Roche, top personal injury lawyer toronto 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
ABR UPDATER | ISSUE 39

AMERICA THE BEAUTIFUL: AUTO INSURANCE FOR ONTARIANS

ABR Updater | Issue 39 | August 2017

Carr Hatch, best personal injury lawyer Toronto Instead of staying put all year in the great white north I, like many Ontarians, regularly visit the beautiful American cities of Buffalo and Detroit. Though most Ontarians sail through these border towns and are pleased when they see them in their rear view mirrors, en route to friendlier, sunnier, and greener destinations, New York State and Michigan are … Continued
ABR UPDATER | ISSUE 38

CAUSATION AS IT RELATES TO INJURY VICTIMS WITH AUTISM SPECTRUM DISORDER IN PERSONAL INJURY ACTIONS

ABR Updater | Issue 38 | July 2017

Ian Furlong Personal Injury lawyer 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
ABR UPDATER | ISSUE 37

THE “MEDICAL AND OTHER REASONS” REQUIRED TO JUSTIFY AN INSURER EXAMINATION

Updater | Issue 37 | June 2017

Deanna Gilbert 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 … Continued