Accident victim’s rights to expansive first party or “no-fault” benefits in catastrophic cases has been boosted by the recent decision in Kusnierz v. The Economical Mutual Insurance Company, 2010 ONSC 5749 (CanLII). The decision overturns the trial decision.
At trial the judge determined that psychological impairments could not be considered in conjunction with physcal...Read More
From the Law Times at http://www.lawtimesnews.com/Focus-On/Litigation-looms-over-minor-injury-cases
Many insurance industry professionals are predicting a deluge of litigation over the many uncertainties associated with the application of the minor injury guidelines.
The lack of consensus over which cases legitimately fall within the criteria cries out for judicial commentary that appears to...Read More
The recent Auditor General Report in highly critical of the Ontario Government’s regulation of the cost of insurance in Ontario.
As quoted by the CBC at http://www.cbc.ca/news/business/story/2011/12/05/auditor-general-ontario-spending.html?cmp=rss :
The number of people killed or injured in auto accidents in Ontario fell 25 per cent in a decade, but the government still guarantees...Read More
The Ontario Court of Appeal has upheld a claim for damages of mental distress caused by the failure of Echelon Insurance to properly adjust a claim arising from a motor vehicle collision.
“People purchase motor vehicle liability policies to protect themselves from financial and emotional stress and insecurity. An object of such contracts is to secure a psychological benefit that brought the...Read More
By Alan Shanoff ,Toronto Sun
Being injured in a car accident isn’t something to which anyone looks forward.
Aside from the pain and suffering from the injuries, there’s the potential loss of earnings.
But, no worries, we have no-fault income replacement benefits in Ontario.
And, of course, an insurance company would...Read More
Ruling says cumulative injuries may not equal catastrophic impairment
By Judy Van Rhijn | The Law Times | Publication Date: Monday, 10 January 2011
The liberal approach adopted by courts and tribunals towards combining impairments when assessing whether an injury is catastrophic received a nip and a tuck in a recent decision.
In the case, Kusnierz v. The Economical Mutual Insurance Co., the...Read More
SABS CHANGES – LEGAL PERSPECTIVE
By Tara Sciara
For months legal professionals, insurance adjusters, treatment providers, and to some extent, knowledgeable consumers have feared the effects of the new changes to automobile insurance legislation in Ontario released by the Ministry of Finance. The changes to both the statutory accident benefits regime and tort litigation arising from motor...Read More
But silver lining for legal profession as clients need more advice.
The latest round of automobile insurance reforms has introduced big cuts to medical, rehabilitation and attendant-care limits; the removal of housekeeping and caregiver
expenses; and the capping of assessment fees and treatment costs for minor injuries. But with only a promise to keep premium increases in check, personal...Read More
The Ontario Court of Appeal has hit an insurer with a $40,000 penalty for refusing to mediate a dispute it considered to be under the statutory threshold for personal injury damages, a move that reinforces the notion that even private mediation is in fact mandatory.
The dispute in Keam v. Caddey arose out of a motor vehicle accident in which Glen Keam suffered personal injuries. The...Read More