416-703-2402 Local
1-888-378-3388 Toll Free

Posts Tagged: income replacement benefits

Double Deduction against your Damages? A Defence Perspective

This follows our March 9, 2011 blog wherein we commented upon the deduction allowed for income replacement benefits (“IRB”), in the 2011 Ontario Superior Court of Justice case of Sutherland v. Gurmeet Singh.

From an insurer / defence perspective, the Sutherland decision properly addresses the purpose of Ontario’s Insurance Act (including Section 258.3), which is to require claims for injury and loss arising from car accidents to undergo the rigour and testing of the Accident Benefits regime, which then carries forward into the tort lawsuit.… Continue Reading

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

After a car accident in Ontario, you are usually entitled to receive some Accident Benefits, regardless of who caused the accident.

One of the decisions that many injured people will make, when applying to Accident Benefits, is whether to receive income replacement benefits (“IRB”) or caregiver benefits.

What happens if you choose caregiver benefits, when you could have equally qualified for IRB, and then you go on to commence a tort lawsuit arising from the same accident?

If you claim past or future income loss in the tort lawsuit (or even loss of earning capacity), will you be penalized for failing to have chosen IRB benefits instead of caregiver benefits?… Continue Reading

Double Recovery for One Accident? The Interplay of Long Term Disability Insurance and Car Accidents

Frequently, a person hurt in a car accident in Ontario also has the benefit, through their employment, of both a short term disability insurance policy (STD) and also a long term disability policy (LTD).

If the injured person starts a lawsuit for damages arising from the car accident, then what happens if they also receive monies pursuant to their LTD policy?

Is it possible to receive money twice for the same accident, otherwise known as double recovery?

Double recovery is an obvious issue that defendants and insurers take note of and dispute in each case. … Continue Reading

New SABS Changes > Chinese News Group

Our thanks to Chinese News Group and Nancy Jin for allowing us to participate in their October 22, 2010 article about the changes to Ontario’s SABS (Statutory Accident Benefits Schedule) in September 1, 2010.  The article is also here in PDF format.

As background, readers may wish to review our:

· blogs on changes to Ontario’s Accident Benefits systemParts 1,2, 3, 4, 5, 6, 7, 8 and 9;

· our blogs on Accident Benefits cases in general; and

· our FAQS regarding background information on Accident Benefitsand motor vehicle accidents.… Continue Reading

Scope of Rule 53.03 > Use of Accident Benefits Experts in Your Tort Lawsuit

After being involved in an Ontario car accident, you will likely apply for Accident Benefits under our no-fault regime.  You may claim for income replacement benefits, medical and rehabilitation benefits (i.e. physiotherapy, chiropractic treatment, massage, acupuncture, prescription medications etc), attendant care, re-training or vocational assessment benefits or other benefits.

After you apply for the benefit, your Accident Benefits insurer may seek to test or evaluate your request, by sending you to be examined at an independent medical examination (i.e. IME) by a medical practitioner of their choosing. … Continue Reading

Income Replacement Benefits and the Minor Injury Guideline > Accident Benefit Changes in Ontario – Part 7

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