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Steps to Follow Immediately After a Car Accident – Keep Them in Your Wallet

Campisi Law on March 20, 2020

Car accidents are unexpected and jarring, often leaving the people involved in a state of shock. It can be difficult to keep a level head and know what to do, especially if there have been injuries. Even those of us who work with accident victims regularly have found ourselves shaken, overwhelmed, and forgetful when we have been victims ourselves.

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ACCIDENT BENEFITS UPDATE: Glass half full?

Campisi Law on March 20, 2020

In Applicant and Royal and Sun Alliance, a recent decision of the Licence Appeal Tribunal (LAT), the applicant was injured in a car accident on March 3, 2014 while she was still a minor (age 14). She applied for accident benefits including non-earner benefits (NEBs) under the Statutory Accident Benefits Schedule (SABS). Her insurance company, Royal and Sun Alliance (RSA) denied the NEBs and treated her injuries under the Minor Injury Guideline (MIG), which caps treatment at $3,500.

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2021 Threshold and Deductible Amounts Released

Campisi Law on March 20, 2020

Recently, the Financial Services Regulatory Authority of Ontario (FSRA) published its 2021 Automobile Insurance Indexation Amounts Guidance. This Guidance, effective January 1, 2021, establishes the amounts related to insurance claims that are subject to indexation for 2021. Indexation is tied to the Canadian Consumer Price Index (CPI) and varies year to year.

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Casino Liability – A New Frontier?

Campisi Law on March 20, 2020

The issue of whether Ontario casinos can be found liable for profiting from losses of problem gamblers is undecided at law.  This finding would require the Anns/Kamloops test to be met, such that the circumstances disclose reasonably foreseeable harm and sufficient proximity between the problem gambler and the casino, without the presence of residual policy reasons for negating a duty of care.  In 2016, the Court of Appeal for Ontario overturned a summary judgement decision which struck a claim on grounds that the provincial regulator did not owe a duty of care to problem gamblers.  Discussed below, the decision has had wide implications and may lead to a novel duty of care in this province.

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Accident Benefits Update

Campisi Law on March 20, 2020

In A.M. v the Dominion of Canada General Insurance Company, 2019 CanLII58194 (ON LAT), a dispute arose over the A.M, the applicant’s Income Replacement Benefits (IRBs). He was injured on December 21, 2017 when his vehicle was rear-ended. He applied for “no-fault” accident benefits including IRBs under the Statutory Accident Benefits Schedule (SABS) from his auto insurer, Dominion.

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