Case Commentary

1- Intro Consumer protection law is an important area of the law that provides minimal protections to consumers, given the inequality of power that exists between suppliers and consumers of goods and services. Historically, consumer protection law was a part of the judge-made common law; however, in Ontario it is now codified in a piece of legislation entitled the Consumer Protection Act, 2002 (“CPA, 2002”). A consumer agreement is defined in the Act as an agreement between a supplier and a consumer in which, the supplier agrees to supply goods or services for payment, or the supplier agrees to provide…

Reimbursement for where injured persons need to hire services for care or housework 1- The Caregiver Benefit (CGB) The caregiver benefit (or CGB) can be available if the injured person was a stay-at-home parent or caregiver at the time of the MVA, and now requires third-party services to take over their caregiving tasks. The benefit can help reimburse the injured person for the reasonable and necessary costs of these services. The housekeeping and home maintenance benefits (HKBs and HMBs) can be available to help reimburse an injured person for reasonable and necessary expenses of hiring a third party to do…

Learn about some extra benefits available to be purchased at the time of entering into a policy At the time of entering into an insurance contract, the insurance provider is obligated to give the consumer information about optional benefits.[1] Optional benefits provide enhanced coverage. They can only be purchased in relation to an accident before the accident occurs.[2] The optional benefits, governed by s. 28 of the Statutory Accident Benefits Schedule (or “SABS”), a regulation made under the Insurance Act, R.S.O. 1990, c.I.8, are applicable only to: the named insured, the spouse of the named insured; the dependents of the…

Escaping the MIG: A chronic pain case and legal analysis The applicant (hereafter “H”) was injured in a motor vehicle accident (or MVA) on October 31, 2016. She sought accident benefits pursuant to the Statutory Accident Benefits Schedule (or “SABS”) from Intact Insurance Company (hereafter “Intact”). In particular, H sought medical-rehabilitation (or “med-rehab”) benefits including for psychological services quoted at $3,246.09. Intact denied H’s claim for psychological services, since its view was that her accident-related impairments were predominantly minor in nature and, hence, were subject to treatment within the limits established in the Minor Injury Guidelines (or “MIG”) (i.e. up…

Escaping the MIG: A psychological impairment case and legal analysis The applicant (hereafter “J”) was injured in a motor vehicle accident (or MVA) on September 15, 2018. She sought accident benefits pursuant to the Statutory Accident Benefits Schedule (or “SABS”) from Aviva Insurance Canada (hereafter “Aviva”). In particular, J sought medical-rehabilitation benefits in the form of a physiotherapy program and psychological assessment. Aviva denied her claims for physiotherapy and for a psychological assessment, because it took the position that all of the applicant’s injuries arising out of the MVA fell under the category of a “minor injury” as defined in…