Court Of Appeal Clarifies Collateral Benefits Issues

There has been a steady reduction in the damages that innocent motor vehicle accident victims recover from the at-fault driver. The Ontario Government, working with the insurance industry, has been passing more and more restrictive laws and regulations to cut down on damage awards to innocent accident victims. The Ontario Court of Appeal recently released […]

The “Minor Injury” Guideline

The “minor injury” guideline and treatment protocol has been a part of the motor vehicle accident landscape in Ontario since 2010. A “minor injury” is defined under the Regulations as “a sprain, strain, whiplash associated disorder, contusion, abrasion, laceration or subluxation…”. Medical and rehabilitation funding for a “minor injury” is capped at $3,500.00. The Ontario […]

Changes to Statutory Accident Benefits

In an effort to reduce insurance premiums, the Government has promised to make significant changes to statutory accident benefits. The changes include: An amendment to the test for catastrophic impairment; Including attendant care services with the $1 million medical and rehabilitation benefit for catastrophic impairments; Reducing the standard duration of medical and rehabilitation benefits from […]

Fernandes v. Penncorp Life Insurance – long-term disability

In a recent decision, the Ontario Court of Appeal awarded a totally disabled man the sum of $236,773 in unpaid long-term disability benefits, $200,000 in punitive damages and $25,000 in damages for mental distress. This occurred when a disability insurance company refused to pay the man in the face of significant evidence of medical disability […]

Family Protection Endorsement – OPCF-44R

An Ottawa court case decided in January that the Family Protection Endorsement (OPCF-44R) did apply to cover a young man (not named in the policy) who received serious injuries in an accident caused by an uninsured driver.  Despite the fact the young man had a pattern of living at more than one location, the court found […]

FSCO Backlog means problems for injured persons in Ontario

The Financial Services Commission of Ontario or FSCO provides mediation and dispute resolution services to injured persons who are involved in a dispute with their insurer over the availability of Accident Benefits.  Under the current law, these disputes must be sent to mediation first before they are determined on the merits by an independent arbitrator […]

Motor Vehicle Accidents in Ontario

Ontario has a two-pronged system for compensating people who are injured in motor vehicle accidents.  It is a mixed fault/no-fault system.  The no-fault component is referred to as the Accident Benefits claim.  The fault component is referred to as the Tort claim. A tort claim may be available in cases where the accident is the […]