If you were walking or cycling when a car struck you, you may assume Ontario’s auto-insurance system will cover the same benefits it always has. As of July 1, 2026, that assumption needs a second look. New rules narrow who can access certain accident benefits, and pedestrians and cyclists are among the people most likely to feel the gap.
This guide explains how an injured pedestrian or cyclist normally claims after being hit by a vehicle, what changed in 2026, and why a claim against the at-fault driver has become more important. It is general information to help you understand your options, not advice about your specific situation.
How pedestrians and cyclists usually claim after being struck
In Ontario, if you are hit by a car while walking or riding a bicycle, you generally have more than one possible source of compensation. Two systems can apply at the same time:
Statutory accident benefits (no-fault benefits). These are paid regardless of who caused the crash. They can cover things like medical treatment, rehabilitation, and attendant care.
A tort claim against the at-fault driver. This is a lawsuit for damages such as pain and suffering and, in many cases, income loss, brought against the person who caused the collision.
For accident benefits, there is usually an order to figure out which insurer responds. Generally, an injured pedestrian or cyclist looks first to an auto policy in their own household (for example, their own policy or that of a spouse or family member they live with). If no such policy exists, they may claim through the insurer of the vehicle that struck them. If there is no accessible auto insurance at all, the Motor Vehicle Accident Claims Fund (MVACF), Ontario’s fund of last resort, may be available. The exact order depends on the facts, so this is an area where early advice matters.
What changed on July 1, 2026
Under Ontario Regulation 383/24, the standard auto policy changed so that most statutory accident benefits became optional as of July 1, 2026. A few core benefits stay mandatory and are always included, while a longer list of benefits must now be purchased or opted into in writing.
Still mandatory (always included)
Now optional (must be bought / opted into in writing)
Medical benefits
Rehabilitation benefits
Attendant care benefits
Income replacement
Non-earner
Caregiver
Housekeeping and home maintenance
Lost educational expenses
Visitor expenses
Damage to personal items (clothing, eyewear)
Death and funeral benefits
Dependant care
The change is opt-in, not opt-out. Renewing policies keep the coverage that existed before July 2026 until the consumer agrees in writing to reduce it. The ability to choose optional benefits is available to all consumers from July 1, 2026, regardless of when their policy renews.
Why this matters especially for pedestrians and cyclists
Along with making benefits optional, the reform narrowed who can access those optional benefits. Generally, the optional benefits are available only to the named insured on a policy, their spouse, their dependants, and listed drivers. Because pedestrians and cyclists are, by definition, not driving the car that hit them, some of them fall outside this narrower group.
Someone without their own household auto policy is particularly exposed, because they may have relied on the at-fault vehicle’s insurer for benefits that are no longer automatic and that may not extend to them.
In practical terms, a pedestrian or cyclist who previously could reach into a striking vehicle’s optional coverage may find that fewer benefits are available now. Someone without their own household auto policy is particularly exposed, because they may have relied on the at-fault vehicle’s insurer for benefits that are no longer automatic and that may not extend to them.
The mandatory benefits (medical, rehabilitation, and attendant care) are still there. The gap tends to appear with benefits like income replacement, caregiver, and housekeeping, which many injured people depend on to get through recovery.
The growing importance of the tort claim
When benefits like income loss are no longer automatic through accident benefits, more of those losses must be pursued through the tort claim against the at-fault driver. Commentators expect this shift to lead to more lawsuits. For an injured pedestrian or cyclist, this means the case against the driver who caused the collision may carry more weight than it did before, because it may be the main route to recovering income loss and other heads of damage that used to be covered by benefits.
Key takeaways
Medical, rehabilitation, and attendant care benefits remain mandatory after July 1, 2026.
Many other benefits (including income replacement, caregiver, and housekeeping) are now optional and must be purchased or opted into in writing.
Optional benefits are generally limited to the named insured, spouse, dependants, and listed drivers, so pedestrians and cyclists may have less access than before.
Injured pedestrians and cyclists generally look to a household auto policy first, then the striking vehicle’s insurer, then the MVACF.
With fewer automatic benefits, a tort claim against the at-fault driver may be more central to being made whole.
Practical steps after being struck by a vehicle
Get medical care and keep it going. Your health comes first, and consistent medical records also document your injuries.
Call the police and get a report. An official record of the collision helps establish what happened and who was involved.
Collect information at the scene if you can. This includes the driver’s name, licence plate, and insurance details, plus the names of any witnesses.
Take photos. Photograph the scene, the vehicle, your injuries, and any damaged personal items such as a bicycle, helmet, or clothing.
Report the accident. Notify the relevant auto insurer promptly. Accident-benefit claims have deadlines to apply.
Check your own coverage. Find out whether you or a household member has an auto policy and what optional benefits were selected.
Get advice early. Because the 2026 rules changed who can access which benefits, understanding your options sooner rather than later can help.
Report the accident promptly. Accident-benefit claims have deadlines to apply, so notify the relevant auto insurer without delay.
Frequently asked questions
I do not own a car. Can I still get accident benefits if a vehicle hits me?
Generally, yes, you may still be able to access accident benefits even without your own vehicle. The usual approach is to look first to an auto policy in your household, then to the insurer of the vehicle that struck you, and finally to the Motor Vehicle Accident Claims Fund if no other coverage is available. The mandatory benefits (medical, rehabilitation, and attendant care) remain in place. Which insurer responds and which optional benefits apply depends on your circumstances.
Did the July 2026 changes take away my right to any benefits at all?
No. Medical, rehabilitation, and attendant care benefits are still mandatory and included in every policy. What changed is that many other benefits became optional, and access to those optional benefits was narrowed. That is why some pedestrians and cyclists may find fewer benefits available than before July 1, 2026.
Can I sue the driver who hit me?
In many cases, an injured pedestrian or cyclist can bring a tort claim against the at-fault driver for damages such as pain and suffering and income loss, subject to Ontario’s rules for auto injury claims. With several benefits no longer automatic, this claim has become more important as a way to recover losses. Whether and how to proceed depends on the facts of your case.
How do I know what optional benefits apply to me?
Optional benefits are generally available to the named insured, their spouse, their dependants, and listed drivers on a policy. If you were struck as a pedestrian or cyclist, whether you can access a given optional benefit depends on the policies involved and your relationship to them. Reviewing the applicable policies, or asking a lawyer or broker to help, can clarify what is available.
The 2026 changes can make it harder to tell which benefits apply after a pedestrian or cyclist is hit by a car. If you or a loved one was injured this way, Azimi Law can review your circumstances and explain the options that may be open to you. There is no pressure and no promise of a particular outcome, just clear information about where you stand. You are welcome to reach out to discuss your situation.
Struck by a car while walking or cycling?
The 2026 rules changed who can access which benefits. Get a clear, plain-language read on your options.
This article is general legal information, not legal advice, and does not create a lawyer–client relationship. Laws, benefit amounts, deadlines, and government policies change and depend on your specific circumstances. Please confirm current details with the official source or contact Azimi Law for advice about your situation.
After a car accident in Ontario, many injured people expect the no-fault benefits system to carry most of the load. Starting in 2026, that is less true than it used to be. With income loss and several other benefits no longer automatic, more accident victims will need to pursue the at-fault driver in court to be fully compensated.
This post explains Ontario’s two-track injury system, how the 2026 reforms shift more responsibility onto the tort claim, and the key rules (the threshold, the statutory deductible, and the limitation period) that shape those claims. It is general information, not advice about your case.
Key takeaways
Ontario auto injury claims run on two tracks: no-fault accident benefits and a tort claim against the at-fault driver.
As of July 1, 2026, most accident benefits (including income replacement) became optional under O. Reg. 383/24, so more losses may have to be recovered in court.
Pain-and-suffering claims must meet a permanent and serious impairment threshold.
In 2026 the general-damages deductible is $47,913.01, with a $159,708.71 threshold above which no deductible applies; the Family Law Act deductible is $23,956.52. These are indexed yearly.
A two-year limitation period generally applies to injury lawsuits, so early advice helps.
Ontario’s two tracks: accident benefits and tort
Ontario handles auto injury claims through two systems that can run at the same time:
Statutory accident benefits (no-fault). Paid by your own insurer regardless of who was at fault. These benefits are meant to help you recover: medical and rehabilitation treatment, attendant care, and (in the past, automatically) things like income replacement.
The tort claim. A lawsuit against the at-fault driver for damages the benefits system does not fully cover, such as pain and suffering and income loss beyond what benefits pay.
For many years, a large share of an injured person’s income loss and other everyday losses was handled inside the accident-benefits track. The 2026 reforms change that balance.
What the 2026 reforms changed
Effective July 1, 2026, under Ontario Regulation 383/24, the standard auto policy changed so that most statutory accident benefits became optional. Medical, rehabilitation, and attendant care benefits stay mandatory. A longer list, including income replacement, non-earner, caregiver, housekeeping and home maintenance, and others, is now optional and must be purchased or opted into in writing.
The choice is opt-in, not opt-out. Renewing policies keep the pre-July-2026 coverage until the consumer agrees in writing to reduce it. The practical result is that some drivers will carry less accident-benefit coverage than the old standard policy provided.
Why this pushes losses into the tort claim
When income replacement and similar benefits are no longer automatic in the accident-benefits track, those losses do not simply disappear. If someone else caused the crash, the injured person can seek to recover them through the tort claim against the at-fault driver.
Because more heads of loss now have to travel that route, commentators expect more of these lawsuits. In short, the reform shifts uncompensated losses from a no-fault benefit toward a fault-based claim in court.
The rules that shape a tort claim
A tort claim for auto injuries in Ontario is subject to some important limits. Three of them come up in almost every case.
The tort threshold
To recover damages for pain and suffering after an auto accident, an injured person generally must meet a legal threshold: broadly, a permanent and serious impairment of an important physical, mental, or psychological function (or death). This threshold is a gatekeeper for pain-and-suffering damages. Whether an injury meets it is a legal question decided on the medical and other evidence.
The statutory deductible
Even when the threshold is met, Ontario applies a statutory deductible to many pain-and-suffering awards. The deductible is a fixed amount subtracted from the award, and it is indexed each year. As of 2026 (indexed by 2.4%, effective January 1, 2026), the figures are:
2026 figure
Amount
Pain-and-suffering (general damages) deductible
$47,913.01
Monetary threshold (award at or below this has the deductible applied; above it, no deductible)
$159,708.71
Family Law Act claims deductible
$23,956.52
Here is how it works. If a general-damages award is at or below the monetary threshold, the deductible is subtracted from it. If the award is above the threshold, it is paid in full with no deductible. So a jury award of, say, an amount below the threshold would be reduced by the deductible, while a larger award above the threshold would not be. These amounts are indexed annually, so confirm the current figures with the Financial Services Regulatory Authority of Ontario (FSRA) before relying on them.
The limitation period
Ontario generally sets a two-year limitation period to start a lawsuit for personal injury. Missing that deadline can end a claim before it is heard. Accident-benefit claims have their own, separate and often shorter, deadlines.
Because the clock can start running from the date of the accident (and sometimes from when you knew or ought to have known you had a claim), it is generally wise to get advice well before the two years are up.
What a tort claim involves
A tort claim is more involved than an accident-benefit application. In general terms, it can include:
Investigation and evidence. Gathering the police report, medical records, witness information, and proof of income loss.
Starting the lawsuit. Issuing a claim within the limitation period against the at-fault driver (and sometimes others).
Documentary and oral discovery. Exchanging documents and answering questions under oath about the accident and your injuries.
Medical evidence. Assessments that address the threshold and the extent of your injuries.
Resolution. Many claims settle; some proceed to trial, where a judge or jury decides.
Juries in these cases are generally not told about the statutory deductible when they decide an award, even though it can reduce what is ultimately paid. That is one reason the numbers above matter so much behind the scenes.
Frequently asked questions
Do the 2026 changes mean I have to sue after every accident?
Not necessarily. Whether a lawsuit makes sense depends on your injuries, your coverage, and who was at fault. The point is that, with several benefits now optional, losses like income replacement may no longer be covered automatically through accident benefits. Where someone else caused the crash, the tort claim becomes a more important route to recovering those losses.
Will the deductible always be taken off my award?
Not always. The statutory deductible applies to a general-damages award that is at or below the monetary threshold ($159,708.71 in 2026). If the award is above that threshold, it is paid in full with no deductible. These amounts change each year, so confirm the current figures with FSRA.
How long do I have to start a claim?
Ontario generally applies a two-year limitation period to personal injury lawsuits, though when the clock starts can depend on the facts. Accident-benefit claims have their own separate deadlines that are often shorter. Because these deadlines can be strict, it is generally best to get advice early rather than close to the limit.
Can I pursue accident benefits and a tort claim at the same time?
Yes. The two tracks are designed to work together. You can apply for the accident benefits available under your policy while also pursuing a tort claim against the at-fault driver. What each track covers, and how they interact, depends on your coverage and circumstances.
The 2026 reforms make it more likely that recovering your full losses will involve a claim against the at-fault driver, on top of any benefits you can access. If you have been injured in an Ontario car accident, Azimi Law can walk you through how the two tracks apply to your situation. We cannot promise a particular result, but we can help you understand your options. Please feel free to get in touch.
Thinking about a claim after a crash?
The 2026 reforms push more losses onto the tort side. Get a clear, plain-language read on how the two tracks apply to you.
This article is general legal information, not legal advice, and does not create a lawyer–client relationship. Laws, benefit amounts, deadlines, and government policies change and depend on your specific circumstances. Please confirm current details with the official source or contact Azimi Law for advice about your situation.
Ontario’s 2026 auto insurance reforms gave drivers something they did not have before: a choice about many of the accident benefits that used to come automatically. As of July 1, 2026, most statutory accident benefits are optional, which means you can now buy back coverage you once received by default.
That choice is useful, but it also puts the burden on you to think about which coverages you would want if you were seriously hurt. This guide walks through the optional benefits and who tends to be most exposed without each one, so you can have a better-informed conversation with your broker.
Key takeaways
As of July 1, 2026, most Ontario accident benefits are optional and must be purchased.
Medical, rehabilitation, and attendant care benefits stay mandatory, so you do not need to buy them.
The most valuable optional benefits depend on your life: earners, caregivers, and families are each exposed differently.
Reducing coverage requires your written opt-in — nothing changes automatically until you sign.
Reviewing your coverage at each renewal, with a broker, is generally the safest habit.
Start with what you cannot lose
Before weighing the options, it helps to know the floor. Medical, rehabilitation, and attendant care benefits remain mandatory in every Ontario auto policy. If you are injured, that core coverage is there regardless of the choices you make about the optional benefits. Everything below is about the coverage you now decide to add on top of that base.
Medical, rehabilitation, and attendant care benefits remain mandatory in every Ontario auto policy. If you are injured, that core coverage is there regardless of the choices you make about the optional benefits.
The optional benefits, one by one
Here is a plain-language look at each optional benefit and the kind of person who is often most exposed without it.
Income replacement
This benefit helps replace a portion of income lost because injuries keep you from working. Sole earners, self-employed people, and anyone whose household depends heavily on their paycheque are usually the most exposed if they skip it. Without it, lost income after a serious injury may have to be pursued through a lawsuit against the at-fault driver instead.
Non-earner benefit
The non-earner benefit is generally aimed at people who were not employed at the time of the crash but suffer a serious injury — for example, some students or those between jobs. If income replacement does not fit your situation, this is the benefit to ask about.
Caregiver
This benefit helps when an injured person can no longer care for dependants they were looking after. Parents and others who are the primary caregiver in a household are the most exposed without it.
Housekeeping and home maintenance
This covers help with household tasks you can no longer do because of your injuries. Anyone who runs their own household, and especially those without family nearby to step in, may feel the gap if they go without it.
Lost educational expenses
This benefit can help recover tuition and related costs when an injury interrupts studies. Students, or parents paying for a child’s education, are the ones most likely to want it.
Visitor expenses
This helps cover costs for family and close friends visiting an injured person during recovery. It tends to matter most when a serious injury leads to a long hospital stay.
Damage to personal items
This covers items damaged in the crash, such as clothing and eyewear. The dollar amounts are usually modest, but for people who rely on expensive prescription glasses or similar items, it can still be worth considering.
Death and funeral benefits
These benefits provide support to family in the event of a fatal crash. Anyone with a spouse or dependants who would face financial strain after a death is the most exposed without this coverage.
Dependant care
This benefit can help with the cost of caring for dependants when an injured person cannot. Families with young children or other dependants are usually the ones who feel its absence most.
Who should consider each optional benefit
Optional benefit
Who is most exposed without it
Income replacement
Sole earners and the self-employed
Non-earner benefit
Students and those not currently working
Caregiver
Primary caregivers of dependants
Housekeeping and home maintenance
Those who run a household without nearby help
Lost educational expenses
Students and parents paying tuition
Visitor expenses
Anyone facing a possible long hospital stay
Damage to personal items
People who rely on costly eyewear or similar items
Death and funeral benefits
Those with a spouse or dependants
Dependant care
Families with children or other dependants
The written opt-in: nothing changes until you sign
An important protection is built into the reform. The system is opt-in, not opt-out. If your policy renews after July 1, 2026, you keep your pre-July-2026 coverage until you agree in writing to reduce it. That means the decision to trim benefits in exchange for a lower premium is yours to make deliberately, not something an insurer does on its own.
Treat any form that reduces coverage as a serious decision. Before you sign, make sure you understand which benefits you would be giving up and picture how each one might matter if you were badly hurt.
Review your coverage at renewal
Because these are now choices rather than defaults, it is generally wise to revisit your coverage each time your policy comes up for renewal. Your life changes — a new job, a new child, a mortgage, aging parents — and the benefits that matter to you can change with it. A broker can walk you through your options and how they fit your circumstances. This article does not quote premium prices, and costs vary, so a broker is the right person to talk about what each option would mean for your budget.
Know your rights if you are later injured
Even with the best coverage choices, disputes can arise about what you are owed after a crash. Knowing that medical, rehabilitation, and attendant care remain mandatory — and understanding which optional benefits you actually bought — puts you in a much stronger position if you ever need to make a claim. If a benefit is denied, there are avenues to challenge that decision, and getting advice early generally helps.
Frequently asked questions
Can I still get income replacement after 2026?
Yes, but it is now an optional benefit you generally have to purchase rather than one that comes automatically. If your household depends on your income, it is worth discussing with your broker.
What happens if I do nothing at renewal?
Because the reform is opt-in, doing nothing generally means you keep your pre-July-2026 coverage. Your coverage should not be reduced unless you agree in writing to reduce it.
How much do the optional benefits cost?
Prices vary by insurer and by your circumstances, and this article does not quote premiums. Your broker can give you accurate figures for your own policy.
Which optional benefit is the most important?
There is no single answer, because it depends on your life. An earner may prioritize income replacement, while a parent may focus on caregiver and dependant care. The point is to match the benefits to your own situation.
Where can I confirm the current rules?
The reforms flow from Ontario’s 2026 auto insurance changes, but details and amounts can be updated. Confirm current information with the official source, FSRA, or speak with a broker or lawyer.
If you would like help understanding your rights after an injury, or you are unsure how the 2026 changes affect the coverage you already have, Azimi Law is happy to talk it through. Reach out for general guidance about your situation — no pressure and no promises, just a straightforward conversation.
Not sure which benefits you should buy?
The 2026 accident-benefit changes put the choice in your hands. Get a clear, plain-language read on your options.
This article is general legal information, not legal advice, and does not create a lawyer–client relationship. Laws, benefit amounts, deadlines, and government policies change and depend on your specific circumstances. Please confirm current details with the official source or contact Azimi Law for advice about your situation.
If you drive in Ontario, the accident benefits you count on after a crash are changing. As of July 1, 2026, most of the benefits that used to come automatically with every auto policy are now optional. That means some coverage you once had by default is only there if you buy it.
This guide explains what changed under Ontario Regulation 383/24, which benefits stay mandatory, which are now optional, and why the shift matters if you are injured. It is general information to help you understand the reform and ask your broker the right questions.
This reform affects new and renewing policies from July 1, 2026 onward. If you walk, cycle, or ride as a passenger, your access to certain benefits may have narrowed — see “Who can access the optional benefits” below.
Key takeaways
As of July 1, 2026, most statutory accident benefits in Ontario become optional under O. Reg. 383/24.
Medical, rehabilitation, and attendant care benefits remain mandatory and are always included.
Income replacement, caregiver, housekeeping, and several other benefits must now be purchased.
The change is opt-in, not opt-out: renewing policies keep the old coverage until you agree in writing to reduce it.
With fewer benefits automatic, more losses may need to be pursued through a tort claim against the at-fault driver.
What changed on July 1, 2026
Ontario’s standard auto insurance policy has long bundled a set of statutory accident benefits, known as SABS. These are the no-fault benefits you can claim after a collision regardless of who caused it. The amending regulation, O. Reg. 383/24, restructures that package so that most of those benefits are no longer automatic. Instead, they are offered as optional coverage you can choose to buy.
The reform took effect July 1, 2026. From that date, optionality is available to all consumers regardless of when their policy renews. The core idea is that a smaller mandatory set stays in place, and the rest becomes a menu of add-ons.
Benefits that stay mandatory
Three benefits remain part of every Ontario auto policy and are always included:
Medical benefits — coverage for reasonable and necessary medical treatment related to the accident.
Rehabilitation benefits — coverage for care aimed at restoring function and easing the effects of injury.
Attendant care benefits — coverage for an aide to help with personal care when injuries require it.
If you are seriously hurt, these three are the backbone of your no-fault coverage, and you do not have to buy them separately.
Benefits that are now optional
The following benefits are no longer automatic. To have them, you generally have to purchase them, or opt into them in writing:
Income replacement
Non-earner benefit
Caregiver
Housekeeping and home maintenance
Lost educational expenses
Visitor expenses
Damage to personal items (such as clothing and eyewear)
Death and funeral benefits
Dependant care
Many of these matter most when someone cannot work, cannot care for their family, or dies as a result of a crash. Because they are now optional, a driver who does not buy them may find those cushions missing at the worst possible time.
Mandatory versus optional at a glance
Benefit
Status as of July 1, 2026
Medical
Mandatory (always included)
Rehabilitation
Mandatory (always included)
Attendant care
Mandatory (always included)
Income replacement
Optional (must be purchased)
Non-earner
Optional (must be purchased)
Caregiver
Optional (must be purchased)
Housekeeping and home maintenance
Optional (must be purchased)
Lost educational expenses
Optional (must be purchased)
Visitor expenses
Optional (must be purchased)
Damage to personal items
Optional (must be purchased)
Death and funeral benefits
Optional (must be purchased)
Dependant care
Optional (must be purchased)
Opt-in, not opt-out: why your renewal matters
One of the most important features of the reform is how the choice is structured. This is an opt-in system, not an opt-out one. If your policy renews after July 1, 2026, you generally keep your pre-July-2026 coverage until you agree in writing to reduce it. In other words, no insurer should be quietly stripping benefits from your policy without your written agreement.
Read your renewal paperwork closely. If you sign a form to reduce coverage in exchange for a lower premium, you may be giving up protection you would want after a serious injury. Ask your broker to explain, in plain terms, exactly what you would keep and what you would give up.
Who can access the optional benefits
Eligibility for the optional benefits is also narrower than before. Generally, the optional benefits are available to the named insured, their spouse, their dependants, and listed drivers. As a result, pedestrians, cyclists, and some passengers who previously had access to certain benefits may no longer qualify. If you often walk or cycle, this is an important gap to understand, because you may not be covered under someone else’s optional benefits the way you might expect.
The shift toward tort claims
Ontario’s injury system has two tracks: no-fault accident benefits from your own insurer, and a tort claim against the driver who caused the crash. When benefits like income replacement are no longer automatic, more of those losses may have to be recovered through the tort side instead.
In practice, that can mean more injured people needing to sue the at-fault driver to be made whole for lost income and similar losses. Commentators expect more lawsuits as a result. Keep in mind that tort awards for pain and suffering are also reduced by a statutory deductible that is indexed each year, so the tort track has its own rules and limits. If you want the current deductible figure, you can confirm it with FSRA.
Frequently asked questions
Do I still have medical coverage after a crash in 2026?
Yes. Medical, rehabilitation, and attendant care benefits remain mandatory and are always included in an Ontario auto policy, so this core coverage is not something you have to buy separately.
Will my benefits automatically be cut at renewal?
Generally no. The reform is opt-in, not opt-out. A renewing policy keeps its pre-July-2026 coverage until you agree in writing to reduce it. Read any renewal forms closely before signing anything that lowers your coverage.
I was hurt as a pedestrian. Am I still covered?
It depends. Optional benefits are generally limited to the named insured, spouse, dependants, and listed drivers, so some pedestrians and cyclists may no longer qualify for benefits they once could access. This is a good situation to get individual advice about.
Should I buy the optional benefits?
That is a personal decision based on your income, your family, and your budget, and this article cannot tell you what to choose. Speaking with your broker about your own situation is generally the best starting point.
Have these figures been finalized?
The July 1, 2026 changes come from O. Reg. 383/24, but benefit amounts and thresholds are indexed and can change. Always confirm current details with the official source, FSRA, before relying on a specific number.
If you have been injured in a crash and are unsure which benefits apply to you, or you are trying to make sense of your coverage after the 2026 changes, Azimi Law would be glad to talk through your situation. Reach out for general guidance about your options — there is no pressure and no promises, just a plain-language conversation about where you stand.
Not sure what your policy still covers?
The 2026 accident-benefit changes are significant. Get a clear, plain-language read on your options after an injury.
This article is general legal information, not legal advice, and does not create a lawyer–client relationship. Laws, benefit amounts, deadlines, and government policies change and depend on your specific circumstances. Please confirm current details with the official source or contact Azimi Law for advice about your situation.
If an insurer has denied your accident benefits, you do not have to accept that decision as the final word. The Licence Appeal Tribunal (LAT) hears disputes about denied benefits, and in July 2026 it introduced a new mandatory form that changes how you prepare for one of the key steps in that process.
This guide explains how the LAT process works for accident-benefit disputes, confirms that the July 2026 changes to the benefits system did not take away your right to appeal, and walks through the new Case Conference Summary Form. It is general information to help you understand what to expect, not advice about your case.
Key takeaways
The Licence Appeal Tribunal (through AABS) hears disputes about denied auto accident benefits.
A June 26, 2026 LAT Operational Update confirmed the July 1, 2026 SABS reforms do not affect the right to appeal a denied benefit.
A new mandatory Case Conference Summary Form applies where the Notice of Case Conference is issued on or after July 1, 2026.
The process generally runs from application to case conference to hearing to decision.
Preparation and meeting deadlines matter at every stage.
What the LAT does for accident-benefit disputes
When you and your auto insurer disagree about a statutory accident benefit (for example, the insurer denies or stops a benefit), the dispute is generally decided by the Licence Appeal Tribunal through its Automobile Accident Benefits Service (AABS). The LAT is an independent tribunal, separate from your insurer, that hears these disagreements and issues decisions.
Common disputes include denied or terminated medical and rehabilitation funding, disagreements about income replacement or other benefits, and disputes over whether a treatment plan should be approved. The LAT process is meant to be more accessible than a court, but it still has steps, deadlines, and forms to follow.
The July 1, 2026 reforms did not remove your right to appeal
Ontario’s accident-benefits system changed significantly on July 1, 2026, when most benefits became optional. That raised a natural question for anyone in a dispute: does the reform affect the right to challenge a denied benefit?
A LAT Operational Update dated June 26, 2026 confirmed that the July 1, 2026 amendments to the accident-benefits schedule do not affect the right to appeal a denied accident benefit to the Licence Appeal Tribunal. In other words, if a benefit that applies to you is denied, you generally still have the same route to dispute that denial at the LAT.
The new mandatory Case Conference Summary Form
The most concrete procedural change for 2026 is a new form. The LAT introduced a mandatory Case Conference Summary Form for all LAT-AABS case conferences where the Notice of Case Conference is issued on or after July 1, 2026.
The case conference is a meeting, usually held before any hearing, where the parties and a tribunal adjudicator discuss the issues, explore whether the dispute can be settled, and plan next steps if it cannot. The new summary form is meant to help everyone come to that meeting prepared, with the issues and positions set out in advance.
Question
Answer
What is the form?
A mandatory Case Conference Summary Form for LAT-AABS case conferences.
When does it apply?
Where the Notice of Case Conference is issued on or after July 1, 2026.
What is its purpose?
To summarize the issues and each party’s position ahead of the case conference.
Does the SABS reform change appeal rights?
No. The June 26, 2026 operational update confirmed the right to appeal a denied benefit is unaffected.
The LAT stages, step by step
While every case is different, an accident-benefit dispute at the LAT generally moves through these stages:
Application. You start the dispute by filing an application with the LAT-AABS, setting out the benefits in dispute and why you disagree with the insurer’s decision.
Case conference. The parties meet with an adjudicator to identify the issues, discuss settlement, and schedule next steps. For notices issued on or after July 1, 2026, the mandatory Case Conference Summary Form applies here.
Hearing. If the dispute is not resolved, it proceeds to a hearing, which may be conducted in writing, by video or teleconference, or in person, depending on the case.
Decision. The adjudicator issues a decision on the benefits in dispute.
Practical tips for preparing your dispute
Keep the denial letter. The insurer’s explanation for the denial tells you what you need to address.
Organize your records. Medical reports, treatment plans, and correspondence with the insurer help support your position.
Be clear about the issues. Identify exactly which benefits are in dispute; the Case Conference Summary Form is built around setting out the issues and your position.
Watch the deadlines. The LAT process has timelines for filing and for steps along the way. Missing one can affect your dispute.
Prepare for the case conference. Come ready to discuss settlement and next steps, and complete any required form fully and on time.
Frequently asked questions
Can I still appeal a denied benefit after the July 2026 changes?
Yes. The LAT Operational Update dated June 26, 2026 confirmed that the July 1, 2026 amendments to the accident-benefits schedule do not affect the right to appeal a denied accident benefit to the Licence Appeal Tribunal. If a benefit that applies to you is denied, you generally still have the ability to dispute that decision at the LAT.
What is a case conference?
A case conference is a meeting, usually held before any hearing, where the parties and a tribunal adjudicator discuss the issues in dispute, explore whether the matter can be settled, and plan the next steps if it cannot. For LAT-AABS case conferences with a Notice of Case Conference issued on or after July 1, 2026, a mandatory Case Conference Summary Form applies.
Do I have to fill out the new Case Conference Summary Form?
If your case conference has a Notice of Case Conference issued on or after July 1, 2026, the Case Conference Summary Form is mandatory for LAT-AABS matters. Its purpose is to summarize the issues and each party’s position so that everyone arrives at the case conference prepared. Confirm the current requirements and forms with Tribunals Ontario.
Does going to the LAT mean I will have a full hearing?
Not always. Many disputes are resolved at or after the case conference without a full hearing. If the matter does not settle, it proceeds to a hearing, which may be in writing, by video or teleconference, or in person, depending on the case, followed by a decision.
Disputing a denied accident benefit can feel daunting, especially with new forms and a system that changed in July 2026. If your benefits have been denied or cut off, Azimi Law can explain how the LAT process applies to your situation and what preparing for it involves. We make no promises about the outcome, only a clear picture of your options. You are welcome to contact us to talk it through.
Facing a denied accident benefit?
The LAT process has new forms and strict deadlines. Get a clear, plain-language read on how to prepare your dispute.
This article is general legal information, not legal advice, and does not create a lawyer–client relationship. Laws, benefit amounts, deadlines, and government policies change and depend on your specific circumstances. Please confirm current details with the official source or contact Azimi Law for advice about your situation.
If you have been found to be a protected person in Canada — a successful refugee claimant or someone granted protection — you may be waiting to take the next step: permanent residence. For 2026 and 2027, Canada has set out a special plan aimed at moving a large group of protected persons into permanent status.
This guide explains what the initiative is, how the permanent-residence process generally works for protected persons, why these files can stall, and what options may exist when an application sits unreasonably long. It is general information, not legal advice.
Key takeaways
As of 2026, Canada’s Immigration Levels Plan for 2026–2028 includes a two-year (2026–2027) initiative aimed at moving roughly 115,000 protected persons to permanent residence.
Being recognized as a protected person is generally a step toward permanent residence, but it is a separate application that must be made and processed.
Permanent-resident admissions are being held flat at 380,000 per year for 2026, 2027 and 2028, so timing and competition matter.
When an application stalls for an unreasonably long time, an order called mandamus from the Federal Court can, in some cases, compel a decision.
These figures and targets can change — confirm current details with IRCC on canada.ca.
What is a protected person?
Generally, a protected person is someone Canada has recognized as needing protection — for example, a person whose refugee claim was accepted by the Refugee Protection Division, or someone granted protection through another route. Being a protected person is an important status, but on its own it is not the same as being a permanent resident.
To become a permanent resident, a protected person normally has to apply for permanent residence and have that application approved. That is a separate process with its own forms, documents, and processing time.
The 2026–2027 protected persons initiative
Canada’s Immigration Levels Plan for 2026–2028 sets out the government’s planning targets for how many people it aims to welcome. Within that plan is a special two-year initiative, running across 2026 and 2027, aimed at moving approximately 115,000 protected persons into permanent residence.
The goal, as reflected in the plan, is to help people who already have protection in Canada settle into permanent status. If you are a protected person with a permanent-residence application in progress — or one you have not yet filed — this initiative is part of the backdrop, though it does not change the need to file a complete, accurate application.
The initiative reflects a planning target, not an automatic approval. If you are a protected person, you still generally need to file a complete, accurate permanent-residence application, and it still has to be processed.
How the numbers fit together for 2026–2028
The initiative sits inside a broader plan that, as of 2026, holds overall permanent-resident targets steady. Understanding the shape of the plan helps explain why competition and timing matter.
Element of the 2026–2028 plan
What it says (as of 2026)
Permanent-resident admissions
Held flat at 380,000 per year for 2026, 2027 and 2028
Economic class share
Roughly 63–64%
Family class share
Roughly 21–22%
Refugees and protected persons share
Roughly 13%
Protected persons initiative
About 115,000 to permanent residence over 2026–2027
Temporary-resident arrivals target
Cut to 385,000 for 2026
Because the overall permanent-resident number is flat rather than growing, getting an application right the first time — complete, accurate, and well documented — generally matters more, not less.
Why protected-person PR files can stall
Even where someone clearly qualifies, permanent-residence applications can take a long time to process. Delays can come from background and security checks, requests for further documents, identity and admissibility questions, or simply the volume of files in the system. For protected persons, gathering the right identity and status documents can add time.
Long waits are frustrating and, for many people, carry real consequences — for family reunification, travel, and stability. But a long processing time is not, by itself, the same as an unreasonable delay in the legal sense.
When delay becomes unreasonable: mandamus
When an application stalls for an unusually long time with no adequate explanation, one possible remedy is an order called mandamus. This is an order from the Federal Court that can compel Immigration, Refugees and Citizenship Canada (IRCC) to make a decision on a stalled file. It does not order IRCC to say “yes” — it orders a decision to be made.
In deciding whether to grant mandamus, the Federal Court generally weighs the factors set out in the case law often called the Conille factors, which look at matters such as:
whether there is a public legal duty owed to the applicant to make a decision;
whether the delay in making that decision has been unreasonable;
whether there is any adequate alternative remedy; and
whether the balance of convenience favours granting relief.
In practice, a formal demand letter to IRCC often comes before any court filing, giving the department a clear opportunity to act. Mandamus is a demanding remedy and every file is different, so this is an area where tailored advice matters.
Practical steps while you wait
Keep copies of your protection decision, application, and any correspondence with IRCC in one place.
Respond promptly and completely to any request for documents or information.
Keep your contact details up to date with IRCC so you do not miss a request or a decision.
Track how long your file has been in process against IRCC’s posted processing times on canada.ca.
If your file appears stalled well beyond the norm, consider getting legal advice about your options.
Frequently asked questions
Does being a protected person mean I am already a permanent resident?
Generally no. Protected-person status is an important recognition, but permanent residence is a separate application that must be filed and approved. The 2026–2027 initiative is aimed at helping protected persons make that transition.
Will the 115,000 initiative approve my application automatically?
No. The initiative reflects a planning target, not an automatic approval. You still generally need to submit a complete, accurate permanent-residence application, and it still has to be processed. The target helps explain the government’s direction, not the outcome of any one file.
My PR application has been pending for years. Is that “unreasonable”?
It depends. A long wait alone is not automatically unreasonable in the legal sense; courts look at the full context, including the reasons for delay and whether a decision-making duty is owed. If your file seems stalled well beyond normal processing times, it may be worth seeking advice about whether a demand letter or a mandamus application makes sense.
Where can I confirm the current targets and processing times?
Immigration targets and processing times change. Confirm the current figures and timelines with IRCC on canada.ca before relying on any number, including the ones in this article.
If you are a protected person waiting on permanent residence — or your application seems stuck — you do not have to navigate it alone. Azimi Law can talk with you about how the process applies to your situation and whether steps such as a demand letter or a Federal Court application may be appropriate. You are welcome to reach out to discuss your circumstances; there is no obligation and no guarantee of any particular result.
Waiting on protected-person permanent residence?
Get a clear, plain-language read on the 2026 initiative and whether a demand letter or mandamus may help a stalled file.
This article is general legal information, not legal advice, and does not create a lawyer–client relationship. Laws, benefit amounts, deadlines, and government policies change and depend on your specific circumstances. Please confirm current details with the official source or contact Azimi Law for advice about your situation.
In June 2026, the federal government proposed a substantial set of changes to how Canada’s asylum system works. If you are a refugee claimant, or you support someone who is, these proposals matter — but it is just as important to understand that they are, at this stage, proposed rules that are not yet final. This guide explains what was published, what it aims to do, and why getting advice early is wise while the picture is still changing.
Because these are draft rules that may be revised before they take effect, the safest approach is to treat them as a signal of where the system is heading rather than as settled law. Confirm the current rules on canada.ca before making decisions.
These changes are proposed, not final. Publication in the Canada Gazette, Part I is a step in the rule-making process, not the end of it — the exact wording and effect of the final rules may differ from what was proposed.
Key takeaways
On June 20, 2026, the government published proposed asylum-reform rules in the Canada Gazette, Part I.
The package includes proposed Regulations Amending the Immigration and Refugee Protection Regulations (Asylum System Reform) and proposed Rules Amending the Refugee Protection Division Rules.
The proposals were open for a 30-day comment period and are meant to help implement Bill C-12.
These changes are proposed, not final — they may be amended before coming into force.
The Refugee Protection Division (RPD) is the part of the Immigration and Refugee Board that hears most refugee claims.
Because the system is changing quickly, claimants should get advice early and confirm current rules on canada.ca.
What was published on June 20, 2026
The proposals appeared in the Canada Gazette, Part I — the official publication where the federal government sets out draft regulations for public comment before they are finalized. The package had two main parts: proposed Regulations Amending the Immigration and Refugee Protection Regulations, described as asylum system reform, and proposed Rules Amending the Refugee Protection Division Rules. A companion IRCC release was titled “Canada proposes new regulations to modernize the asylum process.”
Together, these measures are intended to implement Bill C-12, the Strengthening Canada’s Immigration System and Borders Act, which became law on March 26, 2026. In other words, the June 2026 package is part of turning that legislation into detailed working rules.
What “proposed” really means
This is the most important point to keep in mind. Publication in the Canada Gazette, Part I is a step in the rule-making process, not the end of it. The proposals were open for a 30-day comment period, during which members of the public, legal organizations, and others could provide feedback.
After a comment period, proposed rules can be adopted as published, changed, or reconsidered. That means the exact wording and effect of the final rules may differ from what was proposed. For anyone planning around these changes, the practical takeaway is to avoid treating the draft as final and to verify the current status before acting.
Item
Detail
Where published
Canada Gazette, Part I
Date published
June 20, 2026
What was proposed
Regulations Amending the IRPR (Asylum System Reform); Rules Amending the RPD Rules
Comment period
30 days
Purpose
To help implement Bill C-12
Status
Proposed — not yet final
How the RPD process generally works
To understand why rule changes at this level matter, it helps to recall how the Refugee Protection Division fits in. In general terms, when a refugee claim is eligible and referred to the Immigration and Refugee Board, it goes to the RPD, which decides whether the person is a Convention refugee or a person in need of protection. The RPD Rules set out the procedure — things like how documents are filed, how hearings are conducted, and the timelines that apply.
Because procedural rules shape how a claim is prepared and presented, changes to the RPD Rules can affect deadlines, evidence, and the practical steps a claimant must take. That is why proposed changes at this level are worth watching closely, even before they are final.
It is also worth remembering that regulations and procedural rules work alongside the underlying legislation. Bill C-12 set the framework in the statute; the regulations and RPD Rules are meant to fill in the operational detail. When new detail is added, questions can arise about exactly how a rule applies to a particular set of facts. Those questions are often worked out over time — through official guidance, through day-to-day practice at the Board, and sometimes through the courts. In a period of rapid change, that uncertainty is another reason to prepare carefully and to keep an eye on official updates.
Why this connects to litigation
Bill C-12 already made some claims ineligible for referral to the Board, with risk instead assessed through a Pre-Removal Risk Assessment and challenges available in the Federal Court. As the asylum system is reformed through regulations and rule changes, the way claims are processed, and the points at which decisions can be challenged, may continue to shift. New rules can also raise fresh questions of interpretation that take time to settle. For claimants, this reinforces the value of understanding the process and getting advice early rather than after a deadline has passed.
What claimants and counsel should watch
Whether and when the proposals are finalized, and how the final wording compares to the draft.
Changes to timelines and procedure in the RPD Rules that could affect how a claim must be prepared.
How the reforms interact with Bill C-12’s ineligibility bars and the PRRA process for barred claimants.
Official guidance on canada.ca, which is the most reliable place to confirm the current rules as they take effect.
Do not wait for the final rules before getting advice. Refugee timelines can be short and the system is changing quickly — getting advice early can help you understand your options and avoid missing a deadline, even while some rules are still being finalized.
Frequently asked questions
Are these new rules in effect now?
As published in June 2026, they were proposed rules open for comment, not final law. Proposed rules can change before they come into force, so confirm the current status on canada.ca before relying on any detail.
What is the Canada Gazette, Part I?
It is the official publication where the federal government sets out draft regulations for public comment. Publishing there is part of the process of making new rules; it does not mean the rules are final.
What does the 30-day comment period do?
It gives the public and interested organizations a set window to provide feedback on the proposals. After that, the government can finalize the rules as drafted, revise them, or reconsider.
How does this relate to Bill C-12?
The June 2026 package is meant to help implement Bill C-12, which became law in March 2026. The regulations and RPD Rule changes fill in the working details needed to put that legislation into practice.
Should I wait for the final rules before getting advice?
No. Refugee timelines can be short, and the system is changing quickly. Getting advice early can help you understand your options and avoid missing a deadline, even while some rules are still being finalized.
Asylum reform in 2026 is a moving target, and it can be hard to tell which rules apply to your situation and when. If you are a claimant or you are helping a family member, Azimi Law would be glad to explain how the current and proposed changes may affect you — with no pressure and no promises about the outcome. You are welcome to reach out to discuss your circumstances.
Wondering how the 2026 changes affect you?
Asylum reform is a moving target. Get a clear, plain-language read on where you stand and what to watch.
This article is general legal information, not legal advice, and does not create a lawyer–client relationship. Laws, benefit amounts, deadlines, and government policies change and depend on your specific circumstances. Please confirm current details with the official source or contact Azimi Law for advice about your situation.
For many international graduates, the Post-Graduation Work Permit (PGWP) is the bridge between finishing a Canadian program and building a future here. In 2026, the rules around that bridge shifted, and a small eligibility detail can decide whether an application succeeds.
This guide explains what a PGWP is, what changed for 2026 — a frozen field-of-study list and language requirements — and what your options are if your application is refused. It is general information, not advice about your particular case.
Key takeaways
A PGWP is an open work permit for eligible graduates of Canadian designated learning institutions, letting you work for most employers after you finish studying.
For 2026, IRCC froze the PGWP field-of-study eligible list (update dated January 15, 2026) — the list of eligible fields will not change during 2026.
A language requirement is in force: CLB/NCLC 7 for bachelor’s, master’s, and doctoral graduates, and CLB/NCLC 5 for most college and non-university programs.
A field-of-study requirement applies to certain non-degree graduates who applied for their study permit on or after November 1, 2024.
Because eligibility rules are detailed and can change, confirm your exact category on canada.ca before applying.
If refused, options generally include a reconsideration request or Federal Court judicial review; short deadlines apply.
PGWP basics
A PGWP is an open work permit, which means it is not tied to a single employer. Graduates who complete an eligible program at a designated learning institution may qualify. Because it lets you gain Canadian work experience, a PGWP is often a stepping stone toward permanent residence for people who later apply through economic programs. The permit is generally issued once, so getting the application right the first time matters.
Eligibility has several moving parts: the institution and program you completed, the timing of your study-permit application, your language ability, and — for some applicants — your field of study. Because these criteria interact, two graduates from the same campus can have different outcomes depending on when they applied and what they studied. The sections below walk through the pieces that changed for 2026, but they are a starting point, not a substitute for checking your own file against the current rules.
What changed for 2026
Two features shape PGWP eligibility in 2026: a frozen field-of-study list and language requirements.
The frozen field-of-study list
For certain graduates, PGWP eligibility depends on whether their program falls within an approved list of fields of study linked to labour-market needs. In an update dated January 15, 2026, IRCC confirmed that this eligible-fields list is frozen for 2026 — it will not change during the year. For applicants, a frozen list brings a measure of predictability: the fields that qualify at the start of 2026 are the fields that qualify throughout the year. It also means that if your field is not on the list, waiting for the list to change during 2026 is not a strategy.
If your field is not on the list, waiting for the list to change during 2026 is not a strategy. The eligible-fields list is frozen for 2026, so the fields that qualify at the start of the year are the fields that qualify throughout it.
Language requirements
A language requirement is now in force for PGWP applicants. The level depends on the type of program you completed:
Graduate type
Language requirement (in force)
Bachelor’s, master’s, or doctoral graduates
CLB/NCLC 7
Most college or other non-university program graduates
CLB/NCLC 5
CLB (Canadian Language Benchmark) and NCLC (Niveaux de compétence linguistique canadiens) are the standard scales for English and French. You generally show your level through an approved language test. Because test results and validity periods matter, plan your test date so your results are current when you apply.
The field-of-study requirement for some non-degree graduates
The field-of-study requirement applies to certain non-degree graduates who applied for their study permit on or after November 1, 2024. Whether it applies to you depends on your program type and when you applied to study. This is exactly the kind of detail where a careful check against your own timeline pays off. Confirm the current rules and whether they apply to your situation on canada.ca before you file.
Why applications are refused
PGWP refusals often come down to eligibility rather than discretion. Common issues include:
A field of study that is not on the eligible list, where the list applies to you.
Language results that fall below the required CLB/NCLC level, or that were not submitted properly.
Applying after the eligibility window, or gaps in maintaining valid status.
Program or institution details that do not meet the requirements.
Because so much turns on precise criteria, it is worth confirming each requirement against your own program and timeline before applying, and again if you are refused.
What to do if your PGWP is refused
A refusal is not automatically the end. Your options generally fall into two categories, and the right one depends on why you were refused.
Reconsideration request. If the officer appears to have overlooked evidence or made an error — for example, misreading your language results or program details — a written request asking the office to look again may be appropriate. There is no guaranteed timeline, and the office is not obliged to reopen.
Federal Court judicial review. If the refusal appears unreasonable or procedurally unfair, you may be able to challenge it in Federal Court. The Court does not issue the permit itself; it reviews whether the decision was fair and reasonable, and if it agrees the decision was flawed, it usually sends the matter back to be decided again.
Judicial review has short deadlines — generally 15 days to start the process for a decision made in Canada and 60 days for one made outside Canada. Ordering your GCMS notes through an access-to-information request can help you understand the officer’s actual reasoning before you choose a path. Confirm current deadlines with the Federal Court or counsel, and act promptly.
Frequently asked questions
My field of study is not on the list. Will it be added later in 2026?
IRCC’s January 15, 2026 update states the eligible-fields list is frozen for 2026, so it is not expected to change during the year. If the field-of-study requirement applies to you and your program is not listed, waiting for a mid-year change is not a reliable plan. Confirm the current list on canada.ca.
Which language level do I need?
Generally CLB/NCLC 7 for bachelor’s, master’s, and doctoral graduates, and CLB/NCLC 5 for most college and non-university programs. You usually demonstrate this with an approved language test. Check the current, specific requirements for your category before booking your test.
Does the field-of-study requirement apply to everyone?
No. It applies to certain non-degree graduates who applied for their study permit on or after November 1, 2024. Whether it applies depends on your program type and application date, so verify against your own timeline on canada.ca.
Can I reapply for a PGWP after a refusal?
PGWP eligibility is tied to specific rules and timing, and the permit is generally issued once, so reapplying is not always available in the way it is for some other permits. Because the answer depends on your circumstances, it is worth getting advice quickly, since court deadlines are short.
If your PGWP was refused, or you are unsure whether the 2026 field-of-study and language rules affect your eligibility, Azimi Law would be glad to review your situation and explain the options that may apply. Given how short the court deadlines are, reaching out early helps protect your choices.
Unsure how the 2026 PGWP rules affect you?
The frozen field list and language requirements can make or break an application. Get a clear, plain-language read on your options.
This article is general legal information, not legal advice, and does not create a lawyer–client relationship. Laws, benefit amounts, deadlines, and government policies change and depend on your specific circumstances. Please confirm current details with the official source or contact Azimi Law for advice about your situation.
After a serious car accident, the phrase “catastrophic impairment” — often shortened to “CAT” — can determine how much support an injured person receives for the rest of their life. It is also one of the most heavily contested designations in Ontario’s accident-benefits system. Insurers dispute it, tribunals scrutinize it, and the outcome usually turns on the strength of the medical evidence.
This guide explains, in plain language, what CAT status unlocks, how one of the harder tests to prove — the mental and behavioural criterion — generally works, and what recent Ontario decisions in 2026 signal about how these claims are being decided. It is general information, not advice about any specific case.
Why catastrophic impairment matters
Ontario’s Statutory Accident Benefits Schedule provides more generous benefits to people whose injuries meet the legal definition of catastrophic impairment. Compared with a non-catastrophic claim, a catastrophic designation generally opens access to substantially higher limits for medical, rehabilitation, and attendant care benefits, and can extend the support available over a much longer period. For someone with life-altering injuries and years of care needs ahead, that difference can be enormous.
Because the difference in available benefits is so large, whether an injured person is “CAT” is frequently disputed — and increasingly ends up before the Licence Appeal Tribunal (LAT), and sometimes the courts on appeal. It is worth remembering that the exact benefit limits are set out in regulation and are indexed over time, so the current dollar figures should always be confirmed with the official source, such as Ontario’s financial services regulator (FSRA), rather than assumed.
How catastrophic impairment is assessed, in general terms
The Schedule sets out several separate routes to a catastrophic designation. Some are relatively objective — for example, certain outcomes involving the spinal cord, vision, or amputation. Others depend on detailed clinical assessment, including impairment measured against recognized medical guides.
One of the most litigated routes is the mental-and-behavioural criterion, often referred to as Criterion 8. In broad terms, it looks at whether a person has a marked impairment in an area of functioning — such as adapting to stress, maintaining concentration, or social functioning — as a result of the accident. “Marked” is a high bar. It is more than a mild or moderate limitation, and proving it generally requires careful, well-supported clinical evidence rather than self-reported difficulty alone.
What recent 2026 decisions signal
Ontario decision-makers have been taking a hard look at CAT claims, and 2026 has produced guidance worth understanding.
In a 2026 Divisional Court decision (released in April 2026), the court upheld a LAT finding that a claimant did not meet the Criterion 8 catastrophic threshold. Importantly, the court held that a formal pre-accident baseline is not legally required to assess impairment. In other words, an assessor does not necessarily need a precise, documented picture of the person’s exact functioning before the accident in order to reach a conclusion — the analysis can proceed on the available evidence.
The broader theme, reflected in recent LAT decisions, is that catastrophic status is hard to prove. Tribunals have been:
Scrutinizing impairment ratings that appear inflated or poorly explained.
Weighing a claimant’s own activity evidence — including social-media posts and surveillance — against claims of marked impairment.
Preferring clear, consistent clinical reasoning over conclusions that are not well anchored in the record.
None of this means legitimate catastrophic claims cannot succeed. It means the evidence has to be strong, honest, and internally consistent.
Why strong medical evidence is the heart of a CAT claim
Because so much rides on the designation, the quality of the medical evidence often decides the outcome. A persuasive CAT case generally rests on assessments that:
Feature of the evidence
Why it helps
Thorough, in-person assessment
Carries more weight than a brief or purely paper review.
Clear explanation of the rating
Shows how the assessor reached “marked,” not just that they did.
Consistency with the treating record
Aligns the specialist opinion with day-to-day treatment notes.
Honest account of function
Anticipates activity or surveillance evidence rather than being undermined by it.
Focus on the accident’s effect
Connects the impairment to the accident, not to unrelated causes.
The lesson from recent decisions is that a rating which is not clearly explained, or which is contradicted by the claimant’s own documented activities, is vulnerable — no matter how serious the underlying injuries feel to the person living with them. This is not about doubting genuine suffering; it reflects that the tribunal must decide on evidence it can test, and a conclusion it cannot follow is a conclusion it may not accept.
How these disputes are decided
When catastrophic status is denied, the dispute generally proceeds through the Licence Appeal Tribunal, which resolves accident-benefit disagreements. The process typically moves through an application, a case conference where the issues are narrowed and settlement is explored, and, if the matter does not resolve, a hearing. Medical evidence and expert assessments are usually at the centre of a CAT hearing, and each side may rely on its own assessors. Because the timelines and forms in this process can change, and did change for some matters in 2026, it is sensible to confirm the current procedure rather than rely on how things worked in the past.
What an injured person can do
If catastrophic impairment may be in play, the following generally helps:
Follow through on treatment and keep the record complete and consistent.
Be candid with assessors about what you can and cannot do — overstatement can be exposed and honesty is more persuasive.
Keep track of how the injuries affect daily life, in a realistic and consistent way.
Understand your dispute rights — a denial of CAT status can generally be challenged at the LAT.
Get advice early, because assembling strong medical evidence takes time and there are deadlines to respect.
Key takeaways
Catastrophic impairment unlocks substantially higher accident benefits, so it is heavily disputed.
Criterion 8 looks for a “marked impairment” in functioning — a high bar requiring strong evidence.
A 2026 Divisional Court decision upheld a finding that a claimant did not meet Criterion 8 and confirmed a formal pre-accident baseline is not legally required.
Tribunals are scrutinizing inflated ratings and using claimants’ own activity and surveillance evidence.
Clear, honest, well-explained medical evidence is the core of a CAT claim.
Frequently asked questions
What does a catastrophic designation actually change?
It generally gives access to much higher limits for medical, rehabilitation, and attendant care benefits, often over a longer period, compared with a non-catastrophic claim. Because the stakes are high, insurers frequently dispute it.
Do I need records showing exactly how I functioned before the accident?
Not necessarily. A 2026 Divisional Court decision confirmed that a formal pre-accident baseline is not legally required to assess impairment. That said, a complete and consistent medical record still helps your case considerably.
Can social-media posts or surveillance really hurt my claim?
Yes. Recent decisions show tribunals weighing a claimant’s own activity evidence, including social media and surveillance, against a claim of marked impairment. Being candid about your limitations, rather than overstating them, tends to be more persuasive.
My CAT claim was denied. Is that the end?
Often not. A denial of catastrophic status can generally be challenged at the Licence Appeal Tribunal. Because these disputes turn on medical evidence and involve deadlines, it is wise to get advice promptly.
If you or a family member suffered serious injuries in a crash and catastrophic impairment may be in question, Azimi Law is glad to talk through how the CAT test works, what evidence tends to matter, and your options if a designation is disputed. Asking about your situation carries no obligation.
Is your catastrophic designation in question?
CAT claims turn on the strength of the medical evidence. Get a clear, plain-language read on how the test works and your options.
This article is general legal information, not legal advice, and does not create a lawyer–client relationship. Laws, benefit amounts, deadlines, and government policies change and depend on your specific circumstances. Please confirm current details with the official source or contact Azimi Law for advice about your situation.
Express Entry is the online system Canada uses to manage many applications for permanent residence in its economic immigration programs. In 2026, the system leaned decisively into category-based draws — inviting candidates with specific skills, occupations, or language abilities, rather than simply the highest-ranked profiles overall.
This guide explains how Express Entry works, what the 2026 shift toward category-based draws means for candidates, and what options exist when a permanent-residence application is refused. It is general information about the law and process in Canada, not advice about your particular case.
Key takeaways
Express Entry ranks candidates and invites them to apply for permanent residence in economic programs.
In 2026, Canada pivoted decisively to category-based draws; the categories were announced on February 18, 2026.
Targeted categories include physicians, researchers, senior managers, transport, skilled military recruits, healthcare and social services, and French-language.
An invitation is not a guarantee — applications can be refused for misrepresentation, inadmissibility, or eligibility issues.
Options after a refusal include responding to a fairness letter, reapplying, or Federal Court judicial review; deadlines are short.
How Express Entry works, in brief
At a high level, Express Entry runs in a few stages:
Profile. Eligible candidates create an online profile and enter the pool for one or more economic programs.
Ranking. Each profile receives a score under the Comprehensive Ranking System (CRS), based on factors such as age, education, work experience, and language ability.
Draws and invitations. The government periodically selects candidates from the pool and issues invitations to apply (ITAs).
Application. Invited candidates submit a full application, which is assessed for eligibility and admissibility before a decision is made.
The 2026 pivot to category-based draws
Historically, many draws were “general” — inviting the top-ranked candidates across the pool. In 2026, Canada made a decisive pivot toward category-based selection, which targets candidates who meet the criteria for a defined category, such as a particular field of work or French-language ability.
On February 18, 2026, the categories for that year were announced. They included:
Physicians and other foreign-trained doctors;
Researchers;
Senior managers;
Transport occupations;
Skilled military recruits;
Continuing categories for Healthcare and Social Services occupations; and
A continuing French-language category.
For candidates, the practical effect is that eligibility for a targeted category can matter as much as a high overall score. Someone whose occupation or language ability lines up with a category may have a meaningful path even if their general ranking would not otherwise stand out.
Eligibility for a targeted category can matter as much as a high overall score. Someone whose occupation or language ability lines up with a category may have a meaningful path even if their general ranking would not otherwise stand out.
Who tends to benefit
Category (2026)
Who it targets
Physicians / foreign-trained doctors
Medical doctors seeking to practise in Canada.
Researchers
Candidates with research-focused experience.
Senior managers
Experienced management-level professionals.
Transport occupations
Workers in eligible transport roles.
Skilled military recruits
Candidates connected to military service pathways.
Healthcare and social services
Workers in eligible health and social-service occupations.
French-language
Candidates with French-language ability, supporting Francophone immigration.
Because the specific eligible occupations and criteria for each category are set by the government and can change, candidates should always confirm the current list and requirements on the official IRCC pages before relying on them.
What the shift means in practice
The move toward category-based draws changes how candidates should think about their profile. A few practical points generally follow:
Fit can matter as much as score. Meeting the requirements of a targeted category can create an opportunity that a general ranking alone might not.
Categories are set year by year. The categories chosen for one year may differ from another year’s, so a candidate’s prospects can shift as priorities change.
Accurate profiles are essential. Category eligibility often depends on details such as occupation, work experience, and language results. If those details are wrong or cannot be supported later, an invitation can turn into a refusal.
Language ability remains important. The French-language category, along with the language factors in the ranking system, means language testing can be a meaningful lever for many candidates.
Because the emphasis and the eligible occupations can change during the year, it is wise to treat any category information as a snapshot and to confirm the current rules before making decisions based on it.
Why applications get refused
Receiving an invitation is not the end of the process. The full application still has to pass an eligibility and admissibility review, and refusals do happen. Common reasons include:
Misrepresentation. Inaccurate or incomplete information — even unintentional — can lead to a finding of misrepresentation and a period of inadmissibility.
Inadmissibility. Issues such as certain criminal, security, medical, or financial grounds can make a person inadmissible.
Eligibility problems. Work experience, education, or language results that do not match what was claimed in the profile, or that fall short of program requirements.
Documentation gaps. Missing, inconsistent, or unpersuasive supporting documents.
Options when you are refused
The right response depends on the reason for refusal and your circumstances. Speaking generally, the options include:
Responding to a procedural fairness letter. If the officer raises a concern — such as credibility or a possible misrepresentation — before deciding, you may get a chance to respond. A focused, well-supported reply is often the most important step.
Reapplying. Where appropriate, a candidate may re-enter the pool or submit a stronger application that addresses the earlier weakness.
Judicial review at the Federal Court. You may be able to ask the court for leave to review whether the refusal was reasonable and procedurally fair. This is a review of how the decision was made, not a fresh decision. Deadlines are short — generally 15 days for a decision made in Canada and 60 days for one made outside Canada.
Frequently asked questions
What is the difference between a general draw and a category-based draw?
A general draw invites the highest-ranked candidates across the pool, regardless of occupation. A category-based draw invites candidates who meet the criteria for a defined category — for example a particular field of work or French-language ability. In 2026, Canada leaned heavily on category-based draws.
Does an invitation to apply guarantee permanent residence?
No. An invitation lets you submit a full application, but that application must still pass eligibility and admissibility checks. Applications can be refused, so accuracy and complete documentation matter.
Which categories were targeted in 2026?
The 2026 categories announced on February 18, 2026 included physicians and foreign-trained doctors, researchers, senior managers, transport occupations, and skilled military recruits, along with continuing healthcare and social services and French-language categories. Confirm the current eligible occupations on the official IRCC pages, as they can change.
My application was refused — can I challenge it?
Often, yes. Depending on the reason, you may respond to a procedural fairness letter, reapply with a stronger application, or ask the Federal Court for leave to seek judicial review. Because court deadlines are short, it is important to act quickly.
How do I know if I qualify for a category?
The specific occupations and criteria for each category are set by the government and can change during the year. Check the current requirements on canada.ca or speak with counsel before relying on any category.
If your Express Entry application has been refused, or you are unsure how the 2026 category-based system applies to you, Azimi Law can review your circumstances and explain the options that may be available. You are welcome to reach out for a conversation about your situation — with no obligation and no promises about any outcome.
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This article is general legal information, not legal advice, and does not create a lawyer–client relationship. Laws, benefit amounts, deadlines, and government policies change and depend on your specific circumstances. Please confirm current details with the official source or contact Azimi Law for advice about your situation.