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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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Badesha v. Haider, 2017 ONSC 1745

Campisi Law on March 20, 2020

This refusals motion concerned a plaintiff’s request for the statutory third party’s file contents, including the defendant’s first statement to his liability insurer and all correspondence between the defendant and his liability insurer.  TD, the statutory third party (when the motion was heard), refused production on the basis of litigation privilege.  The plaintiff’s motion was defeated.

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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: Which CAT definition applies to transitional policies?

Campisi Law on March 20, 2020

In H.S. and Allstate Insurance (2018 CanLII 132563), the parties held a Preliminary Issue hearing before Adjudicator Deborah Neilson of the Licence Appeal Tribunal (LAT).  The Applicant, H.S. was seriously injured in a car accident on August 18, 2016.  She submitted an application for Determination of Catastrophic Impairment (catastrophic) to the Respondent, Allstate, her automobile insurer.  Allstate rejected the application. It claimed that she had used the form for accidents that occurred before June 1, 2016, whereas her collision occurred after June 1, 2016, when the current version of the Statutory Accident Benefits Schedule (SABS) came into force.  The significance of this distinction involved both the criteria for meeting the catastrophic definition and the amount of benefits available if she was successful.

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Accident Benefits Update- CAT Claim

Campisi Law on March 20, 2020

In Pucci v. Wawanesa (2019 ONSC 1706), a recent Ontario Superior Court of Justice decision, the court weighed in on causation in a catastrophic impairment (catastrophic) claim. The plaintiff claimant, Brittany Pucci, had been injured in a car accident on June 16, 2013. She suffered various physical injuries and psychological impairments following the accident. Her insurer, Wawanesa paid for her accident benefits including income replacement benefits (IRBs), attendant care (AC) and housekeeping and home maintenance (HKHM) as required under the Statutory Accident Benefits Schedule (SABS) until her non-catastrophic limits were exhausted. Following termination, she applied to the Court for declarations that she had suffered a catastrophic impairment from a mental or behavioral disorder (MBD), and that she was entitled to ongoing IRBs, HKHM and AC benefits.

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Personal Injury Update: Second Psychiatric Assessment Granted 7 Months After Pre-Trial

Campisi Law on March 20, 2020

This motion in Maria-Antony v. Ivaschenko, 2019 ONSC 4731 was brought by the defendants for leave to conduct a second psychiatric assessment of the plaintiff, Bridget Maria-Antony, who had been injured in two car accidents in 2009 and 2010. The moving defendants were involved in the second accident.

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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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ACCIDENT BENEFITS UPDATE: INSURER CAN’T RELY ON PRIOR MIG REPORT

Campisi Law on March 20, 2020

In Applicant v. Aviva Insurance Canada (2018 CanLII 110921), a recent Licence Appeal Tribunal (LAT) decision, the applicant was struck by another car while making a left hand turn on June 30, 2016.  Within two days of the accident, he reported back and left leg pain and began receiving physiotherapy. His employer provided accommodation for his injuries that allowed him to continue working.  He received accident benefits coverage from his insurer, Aviva subject to the $3500 cap under the Minor Injury Guideline (MIG). Subsequent treatment plans for physiotherapy, chiropractic and massage were denied and the applicant commenced a LAT proceeding to challenge the MIG designation and seek payment of the disputed plans.

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How Local Grocery Shopping Can Dismantle Your Motor Vehicle Accident Case

Campisi Law on November 7, 2018

If you have been seriously injured in a motor vehicle accident, it can be difficult performing routine tasks that you used to take for granted.  You may feel fatigued, frustrated and overwhelmed. At the same time your insurance company will be pressuring you to return to work and resume your daily activities.  

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