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Category Archives: Accident Benefits in Ontario

Car Accident Injury Victims Suffer Another Hit by Changes to the Insurance Act of Ontario

Catastrophic determinations under the Insurance Act of Ontario The definition of catastrophic impairment changed in 2010. It will change again in 2016 and it is not good news for car accident injury victims. The changes to the definition may make it more difficult for injured persons to claim “catastrophic impairment” in motor vehicle accidents in Ontario. For collisions that occur on or after September 1, 2010 but before June 1, 2016 the definition of a catastrophic impairment is as follows: In Ontario, the Statutory Accident Benefits Schedule (SABS), define in his clauses 2(1.2)(f) and (g) what we can consider as a catastrophic impairment. Basically, the law define it as follow: For the purposes of this Regulation, a catastrophic impairment caused by an accident is, paraplegia or quadriplegia; the …

slip and falls

Car Accidents – Income Losses and Disability Benefits – How does it work?

In the recent case of Mazzucco et al. v. Herer et al, 2015 ONSC 7083, the Court analyzed the law in respect of deductions and set offs between disability benefits such as Canada Pension Plan (CPP) benefits and Long Term Disability (LTD) benefits and Income Loss damages where a disabled person received both. This case involved an injury victim seeking damages arising from medical malpractice. The Court decided on how deductions are applied when the injury victim receives both CPP and LTD benefits from past and future income loss. In this case, Mr. Justice Skarica stated that the following were existing legal principles in Ontario: Negligence damages are measured by actual loss. While there are some exceptions, “double recovery” is not awarded. One exception to the prohibition on …