ABR Updater: Statutory Accident Benefits Schedule Discriminates Against Chronic Pain Victims And Violates Charter Rights

    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

    CASES HIGHLIGHT NEED TO BREAK DOWN STATUTORY ACCIDENT BENEFITS

      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 … Continued