The rules for properly calculating "whole person impairment" (WPI) ratings in accordance with the important definition of "catastrophic impairment" in the Ontario Statutory Accident Benefits Schedule (SABS) are now up in the air following the decision in Kusnierz v. Economical Mutual Insurance Co., 2010 ONSC 5749 (S.C.J.). In Kusnierz, Justice Peter Lauwers rejected the accepted method for calculating WPI ratings established by Justice Harvey Spiegel in Desbiens v. Mordini [2004] O.J. No. 4735 (S.C.J.). The Kusnierz decision is under appeal. The benefits available to motor vehicle accident victims in Ontario varies enormously depending on the categorization of the injuries suffered. The legislation allows accident victims suffering from a "catastrophic impairment" to qualify for additional benefits of close to $2,000,000. The definition of "catastrophic impairment" has remained largely unchanged since 1996. In the Kusnierz ...