If you were seriously injured in an Ontario car accident, you are entitled to “no-fault” accident benefits from your own auto insurer regardless of who was at fault for the accident. These benefits can include income replacement, treatment and rehabilitation, attendant care, and housekeeping assistance.
Read More about Ontario Car Accident Settlement: Assessing Value
As parents and caregivers, we all strive to protect our children from harm. Despite our precautions however, too many of our kids will suffer concussions from sports and activities, or as passengers in a car accident.
Read More about Concussions in Children – Your Questions Answered
What is a catastrophic injury? The term “catastrophic” is seemingly common sense, and yet for many Ontario residents fighting for their rights in the legal world, it is a term which they are measured against but one that is often left shrouded in mystery.
If you ever search for Ontario No-Fault Insurance, you’ll see Google return over 3.5 million results in less than a second. Between those results and the questions that our team of lawyers and experts commonly hears, we wanted to provide this quick reference for Ontarians searching for clarity.
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.
Significant amendments to the Statutory Accident Benefits Schedule (SABS) came into effect in June2016. Changes to the criteria for determining catastrophic impairment (catastrophic) were finally put to the test in M.C. and BelairDirect (2019 ONLAT 18-004112/AABS)the first published decision under the new rules.
Read More about Accident Benefits Update: First Decision Under New Criteria
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.
Read More about Accident Benefits Update: New Catastrophic Paraplegia Criteria Tested
Mr. Cowdrey was involved in a serious motorcycle accident on September 15, 2013. He was riding alone just after midnight in Innisfil, Ontario when he struck a pothole and was thrown from his motorcycle. He suffered life-threatening injuries including a serious traumatic brain injury and extensive physical injuries including the loss of his left eye. He was airlifted to Sunnybrook Hospital in Toronto and placed in a medically induced coma for 2 weeks. As a result of the severity of his injuries, he was deemed catastrophically impaired pursuant to the Statutory Accident Benefits Schedule (SABS) under the Insurance Act.
Read More about A Campisi Success Story – Motorcycle Accident Case
When you (or someone you love) has been seriously injured in a car accident, the impact on your life is devastating. It can be difficult pushing ahead with rehabilitation, striving to establish your best new “normal” in the face of physical, psychological or cognitive obstacles which seem overwhelming.
Read More about The Power Of Perseverance During A Car Accident
In two recent decisions of the Licence Appeal Tribunal, released on consecutive days, Aviva mounted spirited attempts to broaden the scope of accident benefits claims under the Minor Injury Guideline or MIG. N.R. and Aviva, 2019 CanLII 51313, and the Reconsideration Decision in G.S. and Aviva, 2019 CanLII 51320, were both heard in writing before Vice-Chair Susan Mather released May 9 and 10, respectively. At issue in both was whether the claimant’s chronic pain was a minor injury under the MIG. Historically, Aviva had some success in demonstrating that the presence of chronic pain does not remove a claimant from the MIG unless there is evidence of functional impairment.
Read More about ACCIDENT BENEFITS UPDATE: AVIVA BEATS DEAD HORSE… TWICE!
