ABR UPDATER | ISSUE 44

ONCE A PERSONAL SUPPORT WORKER, ALWAYS A PERSONAL SUPPORT WORKER

ABR Updater | Issue 44 | March 2018

Stacey Stevens, best personal injury lawyer Toronto 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
ABR UPDATER | ISSUE 43

INSURER REJECTS REASONABLE OFFER TO SETTLE AND IS HIT WITH A MASSIVE COST AWARD

ABR Updater | Issue 43 | February 2018

Stephen Birman, best personal injury lawyer 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
ABR UPDATER | ISSUE 42

KATHLEEN WYNNE TAKETH AWAY, BUT CANADA’S TOP COURT GIVETH BACK

ABR Updater | Issue 42 | November 2017

Adam Tanel colour headshot 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
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