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Posts Categorized: bill 198 threshold

Is a Fractured Left Knee a Serious and Permanent Injury?

The Issue

In order to recover pain and suffering damages in Ontario, if challenged by the defendant insurer by way of threshold motion, you have to prove that your injuries are a “permanent serious impairment of an important physical, mental or psychological function”.

If as the plaintiff you do not prove your case or surpass this threshold test, then you will be denied the ability to collect pain and suffering damages for your injuries.

Why This Matters

Insurance companies are only required to pay pain and suffering damages to people hurt in Ontario car accidents if the plaintiff’s injuries surpass the Bill 198 threshold described above.… Continue Reading

Mediation in Lawsuits > Obligations of Parties To Mediate

You start a lawsuit after being hurt in a car accident. Your lawyer asks the defendant to the lawsuit (i.e. the insurance company of the defendant) to meet and discuss potentially settling your case, with the help of an experienced neutral lawyer who will help facilitate conversation, but the insurance company refuses. They refuse because they say your injuries are minor; that legal case is worth very little in terms of potential damages; and potentially, that you may recover nothing in your lawsuit as a result of the Bill 198 threshold and deductible (see our previous blogs for explanation of Bill 198).… Continue Reading

Dying From Car Accidents > Families of Deceased To Receive More in Compensation

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 of the Insurance Act.… Continue Reading

Unlawful Arrest over $0.65 Newspaper > Woman Awarded $4,500 plus Costs

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

Lawsuit Damages for Pain and Suffering Injuries from Car Accidents – Bill 198 Threshold

Ontario’s current insurance system regulating car accidents includes a “test” or threshold by which only certain injuries can successfully claim damages for pain and suffering arising from a car accident.

That is, only “serious and permanent” injuries can be awarded damages for your pain and suffering.  Lawyers in this area continue to focus on cases that deal with this Bill 198 threshold issue for guidance on what qualifies as serious and permanent pain and suffering damages – i.e. chronic pain, anxiety, depression, inability to sleep (insomnia), radiating pain into your legs / arms / neck / head, being scared of cars and being unable to drive, constant pain in your back, neck, shoulders, etc.… Continue Reading

Ontario’s Car Insurance System Set to Change (Again)

Ontario’s private auto insurance regime is set to change again and today the Ontario government released their proposals on the types of reforms which may be implemented eventually.

See the Ontario government’s press release today. The 41 reforms are detailed in two information circulars accompanying the press release: “reforns” and “new options”.

Ontario’s current regime, commonly referred to as the Bill 198 regime, came into effect on October 1, 2003. As outlined in our April/09 blog, the extensive review process included recommendations from various stakeholders and resulted in FSCO’s recommended last Spring.… Continue Reading