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 […]
Changes to the Ontario Insurance Act that Will Directly Impact Your Auto Insurance Benefits
Effective June 1, 2016, the Ontario Government has introduced changes to the automobile insurance system which will greatly affect the coverage consumers select and the price they will pay for auto insurance. Many of these changes affect the statutory accident benefits that a person will receive if they have been injured in an automobile accident […]
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 […]
Victims of the OC Transpo/Via Rail crash and their families are eligible for Accident Benefits.
Those individuals injured on the OC Transpo bus on Wednesday September 18, 2013 and the families of those who lost their lives are eligible to apply for and receive Statutory Accident Benefits or “SABS”. These benefits may include death benefits, income replacement and medical/rehabilitation benefits. Due to the priority payment rules in the Insurance Act, […]
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 […]
