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Posts Categorized: damages

Bill 198 Auto Regime Under Review

In Ontario, the Bill 198 regime is the current system governing motor vehicle accidents.  It was effective starting October 1, 2003 and remains today.

As part of the Ontario government’s five year review plan, the Financial Services Commission of Ontario (“FSCO”) has given their March 31, 2009 report to the government for further consideration.

There are 39 recommendations, many of which deal with revision of the Accident Benefits regime.

Various reporting has been done, including the Toronto Star, Canadian Underwriter and other organizations. … Continue Reading

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Ontario Lawyers to Become More Expensive (Ontario’s PST Merging with the GST)?

The idea of merging Ontario’s PST (provincial sales tax – currently 8%) with Canada’s federal government GST (general sales tax – currently 5%) took one further step forward yesterday with speculation that this measure might be introduced as a part of tomorrow’s Ontario budget announcement.




A merger of the PST to the GST would likely affect legal fees – i.e. increase the cost of legal services to the Ontario consumer.



Currently, PST is not charged on Ontario legal fees.… Continue Reading

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Bill 59 Threshold > Chronic Pain Syndrome; Regular Work Hours Notwithstanding, Plaintiff Meets Test

Case Comment – Rio v. Lawrence (2009 Ont. S.C.)

This is an interesting read for lawyers who practice personal injury law in Ontario.  It is another case recently interpreting the Bill 59 threshold for pain and suffering damages.  For background, please see our March 4, 2009 entry.

This is a decision of Mr. Justice Gans of the Ontario Superior Court of Justice.  This accident occurred on October 5, 2001, approximately 7 years prior to the Trial.  The Jury awarded $22,500 for pain and suffering damages (prior to the application of the $15,000 deductible) and $1,900 for income loss.… Continue Reading

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Bill 59 Threshold – Interpretation – Pain and Suffering Damages

Case Comment – Xiao v. Gilkes (2009 Ont. S.C.)


This case is an interesting review and interpretation of the Bill 59 threshold for pain and suffering damages, arising from a motor vehicle accident which occurred on November 20, 2000.

In Ontario under the legislation governing motor vehicle accidents, the “Bill 164” regime was for accident which occurred between January 1, 1994 to October 31, 1996; a deductible of $10,000 applied to pain and suffering damages.  The “Bill 59” regime applied to accidents occurring between November 1, 1996 to September 30, 2003; the deductible for pain and suffering damages increased to $15,000. … Continue Reading

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Bill 198 Decision – Ali v. Consalvo, 2009 (Ontario Superior Court)

This is a further decision (found here) rendered on the Bill 198 threshold for pain and suffering damages, with Madame Justice Wilson finding that the plaintiff did not meet the threshold in this situation.

Bill 198 applies to motor vehicle accidents in Ontario as of October 1, 2003.  The test for pain and suffering damages has been expanded by Regulation and there are now a handful of recent decisions which have provided some guidance as to interpretation of the new test. … Continue Reading

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First Case to deal with Bill 198 Threshold

Case Comment – Nissan v. McNamee, (Apr 30/2008) Ont SC per Morissette, J.

Although the plaintiff did not attract a damage award from the Jury (plaintiff appears to have suffered from credibility issues), the Trial Judge on the threshold motion indicated this was the first known Bill 198 threshold case. She embarked on an analysis of whether the Bill 198 regime changed the threshold test as interpreted under Bill 59 or whether Bill 198 was simply an attempt to codify the existing caselaw.… Continue Reading

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