Ontario Car Accident: Qualifying for Attendant Care Benefits is More Difficult Now

by Carol Suen Wednesday, September 05, 2012
Can a relative, unemployed prior to the accident, qualify for payment for their attendant care services provided to their injured family member?
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Punishing An Accident Benefit Insurer > $25,000 in Mental Distress Damages

by Gregory L. Chang Tuesday, February 21, 2012
Accident Benefit insurer’s repeated denials of insured’s claims were improper, causing her tremendous stress.   Plaintiff awarded $25,000 in mental distress damages flowing from the breach of this automobile insurance contract.
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Changes to the Car Accident Treatment System > May Reduce Consumer Care Options

by Gregory L. Chang Friday, June 10, 2011
Ontario Regulation 194/11 is coming into effect and shifts more power to insurers over the medical clinics who seek to provide care to those involved in car accidents.
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Expert Reports Can be Claimed Against Accident Benefits Carrier, Even if Used in Tort

by Carol Suen Wednesday, April 20, 2011
Obtaining re-payment early for litigation expenses is important for plaintiffs.  This arbitration decisions clarifies ability of plaintiffs to do so in the context of an Accident Benefits arbitration.
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Catastrophic Designation Changes – Expert Panel Releases Final Report

by Gregory L. Chang Monday, April 18, 2011
Significant changes to the CAT designation are coming.
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Priority Disputes, Loss Transfer > Private Arbitrations Between Insurers to be Publicly Recorded by FSCO

by Gregory L. Chang Monday, April 11, 2011
Starting September, 2010, insurers are required to submit their private arbitrations decisions to FSCO, who will store them on a publicly available database.
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Catastrophic Impairment Designation Set to Undergo Changes

by Carol Suen Tuesday, April 05, 2011
A FSCO panel studying the CAT designation will release their recommendations soon.
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Double Deduction against your Damages? A Defence Perspective

by Gregory L. Chang Monday, March 14, 2011

A "double deduction" in the tort lawsuit is the proper consequence of thefailure to claim income replacement benefits under the Accident Benefits regime.


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Double Recovery for One Accident? How About a Double Deduction against your Damages? A Plaintiff’s Perspective.

by Gregory L. Chang Wednesday, March 09, 2011
A possibly innocent decision by the plaintiff has turned into a costly mistake - the fallout from choosing caregiver benefits instead of income replacement benefits under Ontario's Accident Beneftis system.
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Double Recovery for One Accident? The Interplay of Long Term Disability Insurance and Car Accidents

by Gregory L. Chang Monday, March 07, 2011
In certain circumstances, you may be able to receive income loss damage arising from a car accident and also recover LTD benefits arising from the circumstances of the same car accident. 
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