I am a Motor Vehicle Accident tort claimant. How can I meet the statutory threshold?

Why it is important for claimants to be accurate in communicating about their injuries The owner or any occupant of a motor vehicle, or anyone present at a MVA, is not liable in an action in Ontario for damages for income loss, nonpecuniary loss and health care expenses unless, as a result of the use or operation of the automobile, the victim died or sustained a permanent serious disfigurement or a permanent serious impairment of an important physical, mental or psychological function.[1] The threshold issue is whether the plaintiff meets one of these exceptions. Analysis of whether an injury is…

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What are Short-Term Disability Insurance Benefits?

Most common questions and their answers 1- What are short term disability insurance benefits? Short-term disability insurance benefits are an income replacement for employees while away from work for a brief period and unable to perform their employment duties due to a disability or illness. A “disability” is a physical or mental condition that prevents the employee from working. 2- Who qualifies for short-term disability benefits? If a person is employed and they have short-term disability benefits coverage at the time they become disabled, then they qualify to receive short-term disability benefits. 3- How can I find out if I…

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Accident benefits for the catastrophically impaired

Acquire knowledge of the highest category of accident benefits Often, in auto insurance cases, either the insured/injured person, their lawyer, a doctor or the insurer raises the issue of whether the injury is catastrophic. In Ontario, the maximum amount of accident benefits is provided for persons who are designated as having a catastrophic impairment. Types of impairments that qualify as catastrophic (or “CAT”) are specified in s. 3(1) of the SABS – subject to the qualifications, as applicable, in subsections (2) to (5) – and include impairments sustained as a result of an accident that occurred on or after June…

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I am a family member of a tort victim or plaintiff. What are my options?

Learn about FLA claims When a person sustains a tort (e.g. negligence, a MVA, a slip and fall), the consequences of the injury can extend to their family members. Ontario law provides a remedy for when this occurs. The source for this claim is the Family Law Act, R.S.O. 1990, c. F.3 (hereafter “FLA”), most of which is concerned with family law issues such as support and equalization of net family properties, but that, in Part V, provides for a claim for damages to dependents of injured persons. According to s. 61(1) of the FLA, a family member of a…

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Can someone be civilly liable for intentional misconduct?

Find out about some of the “intentional” torts In a previous post, we explored the concept of negligence – civil wrongdoing, for which there is not necessarily an intention to do wrong on the part of the defendant, that causes damage. But tort law, the area of law about compensation for civil wrongdoing, also contains another major category of individually named or nominate torts (aka intentional torts) which do provide compensation based on proof of civil wrongdoing intended by the defendant. Many of the activities that are addressed by the intentional torts are also criminalized. For example, there is a…

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Attendant Care Benefits

Most common questions and their answers What are attendant care (“AC”) benefits? Attendant care benefits cover the expenses of hiring an aide or attendant to help an insured person with their day-to-day functions after they have been injured in a MVA An attendant care expense must be “reasonable” and “necessary” in order to be able to successfully claim a benefit for it (Statutory Accident Benefit Schedule or (SABS), s. 19(1)) Who pays for attendant care benefits? Your insurance company What are the types of injuries to which attendant care benefits pertain? An injury must meet two requirements to qualify for…

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Armstrong v. Royal Victoria Hospital, 2019 ONCA 963 (Can LII); and Armstrong v. Ward, 2021 SCC 1 (Can LII) – Case Comment

An example of medical malpractice and legal analysis In Feb 2010, CW performed on KA a colectomy (a medical procedure that involves removing all of part of the colon), more precisely a laparoscopic colectomy. The surgery appeared to go without incident. However, she developed pain and postoperative problems and it was later learnt that her left ureter had been blocked, causing damage to her kidney, which had to be removed in Oct 2010. KA sued CW for medical malpractice under the theory that the cauterizing device he had used – commercially called a LigaSure – had caused adhesions or scar…

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What are Med-Rehab Benefits?

Most common questions and their answers What are medical-rehabilitation (“med-rehab”) benefits? Med-rehab benefits cover the expenses, of treatment of an insured person who has been injured in a MVA, which are not covered by the Ontario Health Insurance Plan (OHIP) or a group insurance plan A med-rehab treatment must be “reasonable” and “necessary” in order to be able to successfully claim a benefit for it (Statutory Accident Benefits Schedule or “SABS”, ss. 15 and 16) Who pays for med-rehab benefits? A claim for med-rehab benefits can be made against an insurer of a person involved in the MVA. However, one…

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How to Cope with Stress during the Covid-19 Pandemic

Here you can learn six ways to deal with stress For many people, the existence of the Covid-19 pandemic and the various restrictions that the government has put in place to deal with it have caused a lot of stress. Some of us have had our business suffer; others had their socialization decreased because we were ordered to stay home. Stress can diminish one’s happiness or enjoyment and can cause one to become less focused. Below are some common suggestions to help you cope with stress. Get outside – The outdoors can give you a change of scenery or at…

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What are the first steps of applying for accident benefits?

Here you can learn about the starting point of accident benefits applications Within seven days of the accident, the injured person must notify their insurer (such as through their insurance agent or broker) that he/she intends to apply for accident benefits. Who is the appropriate insurer/defendant?        If the injured person is …        The AB insurer is … The driver of the vehicle involved in the MVA If the driver has auto insurance, his/her own insurer If the driver does not have auto insurance but is covered by someone else’s auto insurance, that insurer If…

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