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Posts Tagged: bill 198 threshold

Hit and Run Car Accident, Driver Flees after Hitting Cyclists

As a weekend running warrior, this news story in the Globe and Mail of five cyclists injured badly in a hit and run car accident while on their weekly ride resonates.

Hit and run car accidents are, unfortunately, quite common when you practice in this area.  Surprisingly, even people with car insurance coverage sometimes try to escape the responsibility of having caused or being a part of a car accident.  The common victim is a pedestrian or cyclist, injured and lying on the ground and unable to help themselves or chase after the unidentified vehicle. … Continue Reading

Car Accident Injuries > How Much is Your Pain and Suffering Worth?

If you are hurt in a car accident, how much is your pain and suffering worth by way of damages?

Answer – it depends on whether your injuries are minor or serious in nature.  It also depends on the location of your accident, as different provinces deal with this issue differently.

For serious injuries, pain and suffering damages are capped and the maximum you can receive is approximately $315,000 (more on this in tomorrow’s blog).

For minor injuries, the law may limit your pain and suffering damages. … Continue Reading

Bill 198 Threshold Case > Housekeeping Not Subject to Threshold

Case Comment – Sabourin v. Dominion of Canada General Insurance Company (2009 Ontario Superior Court)

This new Bill 198 threshold case found that the plaintiff did not meet the threshold.  Brown, J. found there to be various credibility problems associated with the plaintiff.  This was a minor rear-end accident whereby the vehicle damage to the plaintiff’s car was $2,300.

The analysis of the threshold test is helpful and includes a review of the White Paper proceeding the legislation change.

Interesting, the defence sought a ruling that housekeeping damages were subject to the Bill 198 threshold. … Continue Reading

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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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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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