Posts Categorized: accident benefits
Income Replacement Benefits and the Minor Injury Guideline > Accident Benefit Changes in Ontario – Part 7
On behalf of Bougadis, Chang LLP Barristers posted in accident benefits, income replacement benefits, insurance law, medical and rehabilitation benefits, minor injury guideline, motor vehicle accident, personal injury on
The new SABS (Statutory Accident Benefits Schedule) in Ontario, introduced in September, 2010, is found here.
The Minor Injury Guideline is found on the FSCO (Financial Services Commission of Ontario) website here.
Given that the focus and purpose of the Minor Injury Guideline is to guide claimants to maximal medical recovery within the $3,500 hard cap, query whether this will affect the application of the income replacement benefits issue across the board.
Under the Minor Injury Guideline, there is approximately $1700 worth of treatment anticipated in the initial 3 blocks of treatment. … Continue Reading
Pre-Existing Conditions and the Minor Injury Guideline > Accident Benefits – Part 6
On behalf of Bougadis, Chang LLP Barristers posted in accident benefits, insurance law, medical and rehabilitation benefits, minor injury guideline, motor vehicle accident, personal injury on
One exception to the Minor Injury Guideline are pre-existing medical conditions which “will prevent the insured person from achieving maximal recovery from the minor injury if he or she is subject” to the Minor Injury Guideline (i.e. the $3,500 hard cap).
This exception is only expected rarely, as explicitly set out in Paragraph 4 of the Minor Injury Guideline:
Only in extremely limited instances where compelling evidence provided by a health practitioner satisfactorily demonstrates that a pre-existing condition will prevent a person from achieving maximal recovery from the minor injury for the reasons described above is the person’s impairment to be determined not to come within this Guideline.… Continue Reading
Minor Injury Guideline > Accident Benefit Changes in Ontario – Part 5
On behalf of Bougadis, Chang LLP Barristers posted in accident benefits, insurance law, medical and rehabilitation benefits, minor injury guideline, personal injury on
A significant change in September, 2010 was to introduce a new concept, the “Minor Injury Guideline”, into the lexicon of car accident claims in Ontario.
The actual Minor Injury Guideline is found on the FSCO (Financial Services Commission of Ontario) website here.
The Minor Injury Guideline imposes a $3,500 hard cap on the Accident Benefits insurer’s obligation to fund all treatment and assessments for those injuries that fall within.
Simply put, if you have an injury that falls inside the Minor Injury Guideline, you will then only receive up to $3,500 in treatment in Accident Benefits.… Continue Reading
Dying From Car Accidents > Families of Deceased To Receive More in Compensation
On behalf of Bougadis, Chang LLP Barristers posted in accident benefits, bill 198 threshold, damages, insurance law, motor vehicle accident, personal injury on
In addition to the new changes to Ontario’s Accident Benefits system, as found in our various previous blogs, there have also been changes to Ontario’s Insurance Act governing car accidents and claims arising.
One positive change for the families of people who die as a result of a car accident is the elimination of the tort deductible for fatality claims; this tort deductible was increased in 2003 under the Bill 198 legislation concerning car accidents.
The change is found in the Financial Services Commission of Ontario’s bulletin A-17/10 and also at s.267.5… Continue Reading
Unlawful Arrest over $0.65 Newspaper > Woman Awarded $4,500 plus Costs
On behalf of Bougadis, Chang LLP Barristers posted in accident benefits, bill 198 threshold, damages, insurance law, motor vehicle accident, personal injury on
An interesting case reviewing the balance between a retail store trying to prevent theft and the rights of a customer suspected of theft – Twan v. Hudson’s Bay Company (2008) 93 O.R. (3d) 582 (Div. Ct.)
In short, Ms Twan was in an Ottawa “The Bay” store and after paying something towards her “The Bay” store credit card (for which she had a $1,500 credit limit), she left the store and did not pay for a $0.65 newspaper.
She was asked to return into the store by an undercover security guard. … Continue Reading
Transitional Issues Affecting Statutory Accident Benefits Claims in Ontario – Part 3
On behalf of Bougadis, Chang LLP Barristers posted in accident benefits, insurance law, motor vehicle accident, personal injury on
The Financial Services Commission of Ontario published Bulletin A-04/10 recently to outline transitional rules governing the switch to the new SABS (statutory accident benefits schedule) which started on September 1, 2010.
It is important to know that if you are hurt in a motor vehicle accident in the next few months, before the expiration/renewal of your currently car insurance policy, that the “old” SABS will, to a certain extent, apply to your situation – which generally means greater levels of benefits than the “new” SABS which have just come into effect.… Continue Reading
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