Been in an ATV or snowmobile accident?

With winter in full swing, operating All Terrain Vehicles (ATVs) and snowmobiles for recreation and transportation is very common. In recent years, there has been an increase in the number of registered off-road vehicles…and accidents. ATV and snowmobiles pose certain risks. Similar to motorcycle accidents, ATVs lack structural protection to riders in the event of… Read More…

What happens once I am discharged from the hospital?

This can be a very daunting time as you have likely become accustomed to having the care of a number of health professionals in the hospital. However, it will not be a daunting time with the right lawyer. This is a critical time for you to contact a lawyer so that they can put together… Read More…

FSCO Announces Further Changes to the SABS Effective December 1, 2014 and January 1, 2015  

The Financial Services Commission of Ontario (FSCO) recently announced further changes to the Statutory Accident Benefits Schedule (SABS).   The changes will affect service provider regulations, administrative penalties, transportation expenses and interest rates.  Service providers, in particular, should familiarize themselves with the changes.  The following is a brief summary of the key changes. Effective December 1,… Read More…

Court punishes insurance company for bad faith conduct requiring payment of $200,000 for punitive damages

A claim for punitive damages is not a claim for disability benefits and can be pursued in a lawsuit separately to punish an insurance company for bad faith conduct.  In the recent decision, Fernandes v. Penncorp Life Insurance Company, the Court of Appeal affirmed the Trial Judge’s decision awarding $200,000 in punitive damages, as the… Read More…

Call out drivers that text

Distracted driving is much too common. It accounts for four million traffic accidents in North America each year. Although Ontario made it illegal in 2009 to drive while using a handheld device, last year approximately 75-80% of all car accidents resulted from driver inattention. It is illegal to use a handheld device while driving but… Read More…

Am I entitled to interest on overdue payments from my insurance company?

Yes, for accidents that occur after September 1, 2010, the rate of interest on overdue accident benefits payments changed from 2% per month, compounded monthly to 1% per month, compounded monthly.   The decisions of Arbitrator Maggy Murray in Federico v. State Farm Mutual Automobile Insurance Co., [2012] O.F.S.C.D. No. 20 and Arbitrator JeffreyRogers in Subramaniam… Read More…

Is any economic loss, however minimal, sufficient for attendant care benefit eligibility?

Since the September 2010 changes requiring a family member who provides attendant care services to demonstrate an economic loss in providing care in order to be eligible for attendant care benefits, lawyers for injured people have been advocating for a broad interpretation to be adopted for the term economic loss. Plaintiff’s counsel can now also… Read More…

What is required for “medical reasons” in notice of denial?

When the insurance company denies treatment or payment of benefits and sends you to an insurer examination, be sure to check with your lawyer if you are required to attend.  There are many requirements the insurance company must fulfill in order to properly require your attendance. With the September 2010 changes to the Statutory Accident… Read More…

MIG decision rescinded, new hearing ordered

The first ever decision interpreting the Minor Injury Guideline (MIG), Scarlett v Bel Air, is going to a new hearing with a new arbitrator.  FSCO Director’s Delegate David Evans granted Bel Air’s appeal of the decision finding that Arbitrator Wilson erred in many respects including: – in finding that the burden of proof is on… Read More…