Toronto Personal Injury Law Blog

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

One exception to the Minor Injury Guideline are pre-existing medical conditions which “will prevent the insured person from achieving maximal recovery from the minor injury if he or she is subject” to the Minor Injury Guideline (i.e. the $3,500 hard cap).

This exception is only expected rarely, as explicitly set out in Paragraph 4 of the Minor Injury Guideline:

Only in extremely limited instances where compelling evidence provided by a health practitioner satisfactorily demonstrates that a pre-existing condition will prevent a person from achieving maximal recovery from the minor injury for the reasons described above is the person’s impairment to be determined not to come within this Guideline.… Continue Reading

Widespread reporting of this large recall, including today’s Globe and Mail article.

You can find Mattel’s recall information and a list of the product codes here.… Continue Reading

A significant change in September, 2010 was to introduce a new concept, the “Minor Injury Guideline”, into the lexicon of car accident claims in Ontario.

The actual Minor Injury Guideline is found on the FSCO (Financial Services Commission of Ontario) website here.

The Minor Injury Guideline imposes a $3,500 hard cap on the Accident Benefits insurer’s obligation to fund all treatment and assessments for those injuries that fall within.

Simply put, if you have an injury that falls inside the Minor Injury Guideline, you will then only receive up to $3,500 in treatment in Accident Benefits.… Continue Reading

It is generally difficult to pursue the City of Toronto and other Ontario municipalities for failure to clear their sidewalks of ice and snow.

First, you must send a notice letter properly to the City immediately after your accident, within 10 days of your slip and fall accident.  This applies even if you are in the hospital.  The exceptions are limited.

Then, you must prove negligence on the part of the City for failing to maintain their sidewalks, found in s.44(9) of the Municipal Act, 2001, which reads:

Expert in case of gross negligence, a municipality is not liable for a personal injury caused by snow or ice on a sidewalk.… Continue Reading

Whether on a home insurance policy (i.e. fire loss or theft) or a automobile policy, an insured may claim against their own insurance policy in the event of loss, subject to the rights of the insurer to investigate and adjust the claim.

What happens if your insurer denies your claim on the basis that the alleged theft did not occur as described?  Meaning that the insurer has concerns that the loss was either as a result of your own actions or the actions of people on your behalf – i.e.… Continue Reading