Champions With Heart.

From $0.00 to $2+ Million in Entitlements: Imtiaz Hosein of Campisi LLP Secures CAT Win for Injured Mother

For nearly a decade, Wawanesa dragged its feet—delaying, denying, and refusing to do what was right.

For nearly a decade, Ms. S was overlooked and ignored. By her insurer. By the system. By her prior representatives. She was left to navigate injuries caused by a motor vehicle accident without support, without acknowledgment, and without funding for benefits her doctors and therapists said she needed. But when she came to us, we listened. We acted. And we proved that even after years of being ignored, justice can still be achieved in the right hands—and for Ms. S, an opportunity to make life a little more livable.

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Determining Catastrophic Impairment in Ontario

Nobody wants to contemplate a catastrophic injury, but unfortunately thousands of Ontarians every year are seriously injured in this way.

From a personal injury standpoint, Catastrophic Injuries or Impairments are a special classification of injury that often result in substantially larger settlements due to the life altering health effects and impact they have on an individual’s ability to support him or herself in the future.

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DUI: Stats, Ontario Law, and Impacts of Charges

Impaired driving, also called driving under the influence or DUI, refers to the operation of a vehicle while the driver’s ability to do so is compromised by alcohol, prescription or non-prescription drugs, alone or in any combination. Types of vehicles where DUI charges could apply include not only road-going vehicles, but also off-road vehicles and ATVs, motorcycles, boats, and snowmobiles. While as a society we are doing a better job of exercising appropriate judgement when it comes to driving under the influence, DUIs remain the second leading criminal cause of death in Canada after homicide and the second most common criminal offence processed in Canadian courts.

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Accident Benefits Update – to Determine Whether the Applicant Had Sustained a Catastrophic Impairment

Applicant v. Toronto Transit Commission (2019 CanLII 101715) was a recent proceeding before the Licence Appeal Tribunal (LAT) to determine whether the unnamed Applicant had sustained a catastrophic impairment (catastrophic) as a result of injuries he sustained after being struck by a streetcar while crossing as a pedestrian.

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Accident Benefits Update: New Catastrophic Paraplegia Criteria Tested

In Patel v. RSA Insurance (19-000560-AABS), a recent decision before the Licence Appeal Tribunal, a dispute arose over the new Paraplegia criteria for meeting the definition of catastrophic impairment. The applicant, Aiysha Patel suffered a severe spinal cord injury in a car accident. She sought a determination that she was catastrophically impaired (catastrophic) under the Statutory Accident Benefits Schedule (SABS), which would entitle her to greatly enhanced ongoing benefits from RSA, her insurer.

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ACCIDENT BENEFITS UPDATE: DIVISIONAL COURT WEIGHS IN ON SELF-EMPLOYED IRB CALCULATION

In Surani v. Perth Insurance Company (2018 ONSC 7254), the Divisional Court reviewed a Financial Services Commission of Ontario (FSCO) appeal that found the applicant, Mrs. Surani’s post-accident business income should be deducted from her Income Replacement Benefit (IRB) entitlement.

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Accident Benefits Update: LAT split on “Reasonable and Necessary” CAT assessments

In V.L. vs. Pafco Insurance Company (2019 CanLII 119760), a recent hearing in writing before the Ontario Licence Appeal Tribunal (LAT), the applicant, V.L sought payment from Pafco, her insurer for the costs of her assessments to determine catastrophic impairment (catastrophic). Pafco had approved approximately 2/3 of the requested $25,719.25, denying the remaining $8,884.00 on the grounds that these costs were not reasonable or necessary. Two denied Chiropractic treatment plans were also in dispute.

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