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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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Car-Surfing Injury Is an “Accident” -Divisional Court Upholds Lat Decision

Campisi Law on March 20, 2020

In order to receive accident benefits under an auto insurance policy, a claimant must prove that they have been injured in an “Accident” as defined in the Statutory Accident Benefits Schedule (SABS). Under the two-part test set out by the Supreme Court of Canada, the claimant must how that the injuries were a) caused by or as a result of b) the ordinary and well-known use and operation of a motor vehicle.

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Accident Benefits Update: CAT

Campisi Law on March 20, 2020

In E.E. and Aviva Insurance Company, a recent decision of the Licence Appeal Tribunal (LAT), the Applicant, E.E. claimed that he had suffered Catastrophic (CAT) Impairment under the Statutory Accident Benefits Schedule (SABS) following a serious single vehicle collision on January 28, 2012 in which he was a passenger.  His initial complaints included neck and back pain with loss of sensation in his right arm. No neurological defects were noted at the hospital. His condition deteriorated over time, and he required several emergency room visits culminating in significant spinal surgery. He continued to suffer from spasticity in his extremities with severely altered gait and very limited use of his dominant right hand, as well as ongoing psychological impairments.  

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New Deductible 2019

Campisi Law on March 20, 2020

Many of you are unaware that there is a statutory deductible imposed on non-pecuniary general (pain and suffering) damages below a certain monetary threshold. Prior to August 2015, the defendant insurance company was entitled to deduct $30,000 from an award for pain and suffering under $100,000 (Family Law Act (FLA) claimants faced a $50,000 threshold with a $15,000 deductible). This meant that a plaintiff would receive no compensation despite a jury award of $30,000 or less at trial. This obviously unfair practice was designed to discourage lawsuits in what were perceived as less serious cases. The “no-fault” accident benefit system was presented as a reasonable exchange for this loss.

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Putting Drivers First? The Government’s Blueprint for Insurance Reform Revealed

Campisi Law on March 20, 2020

Early this year, the government asked for public input into the future of auto insurance in Ontario.  We were cautiously optimistic that they wanted genuine participation from the people most affected by any reforms.  However, now that the “Blueprint” has been published as part of the 2019 Budget, it is clear the Liberals have little interest in putting drivers first.

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Accident Benefits Update – LAT Considers Causation in IRB Claim

Campisi Law on March 20, 2020

In Applicant and Aviva General Insurance, the Applicant sought Income Replacement Benefits (IRB) up to 104 weeks post-accident and ongoing.  He had been injured on August 10, 2015, and received IRBs from Aviva, his automobile insurer, from August 15, 2016 until November 15, 2016.  Aviva scheduled several medical examinations of the applicant during this period. Ultimately, it terminated his IRBs based on these examinations, which concluded that the applicant was able to perform the essential duties of his employment.

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