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Posts Tagged: insurance law

Transitional Issues Affecting Statutory Accident Benefits Claims in Ontario – Part 3

The Financial Services Commission of Ontario published Bulletin A-04/10 recently to outline transitional rules governing the switch to the new SABS (statutory accident benefits schedule) which started on September 1, 2010.

It is important to know that if you are hurt in a motor vehicle accident in the next few months, before the expiration/renewal of your currently car insurance policy, that the “old” SABS will, to a certain extent, apply to your situation – which generally means greater levels of benefits than the “new” SABS which have just come into effect.… Continue Reading

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Ontario’s Accident Benefits System Changes Now in Effect – Part 4

Further to our various previous blogs, including on March 9, 2010, the changes to Ontario’s SABS (statutory accident benefits Schedule) have now come into effect.

Much has been written on the topic, including the recent Globe and Mail articles on August 10, 2010 and July 15, 2010.

The changes come as part of the government’s designated 5 year review plan.  Given the insurer’s financial difficulties over the past years with the cost control of handling claims, including the rising cost of handling each individual claim, changes were expected.… Continue Reading

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Disclosure of Your Statement Given to Your Insurer

If you are involved in a car accident, then your insurance company will likely obtain a statement from you as to how the accident occurred and also obtain other background information.

If the other car or people in the accident sue you as a result of that accident, will the material aspects or important points within your statement (to your own insurance company) be revealed in that lawsuit?

That is, the information you give to your insurance company (to defend you in the lawsuit) – will the person suing you learn about that information?… Continue Reading

Housekeeping – Ontario’s New Statutory Accident Benefits Schedule (SABS) – Part 2

For most people involved in motor vehicle and car accidents, housekeeping has been eliminated as part of the Ontario SABS (Statutory Accident Benefits Schedule) effective September 1, 2010.

The current legislation, which has been in place for years, was a total benefit of $10,400 if you qualified for the maximum amount.  The current benefit makes available up to $100 per week in housekeeping benefits for the first two years after a car accident.

This entire benefit has been eliminated except for the most serious situations, which are catastrophic impairment situations.… Continue Reading

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$400,000 in Legal Costs for a Personal Injury Lawsuit

As another illustration of the cost of lawsuits, the recent case of Hayden v. Stevenson (2010 Ontario Superior Court of Justice) awarded $400,000 in legal costs (approximately $300,000 for fees and $100,000 for disbursements) to the successful plaintiff in a personal injury lawsuit. The plaintiff was a young man who was hoping to be a mechanic prior to the accident. As a result of the accident, he suffered from back pain, anxiety, depression and sleep problems. After the accident, he did not complete his co-op program in the automobile field, due to pain and fatigue.… Continue Reading

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You Sue After an Accident > Can Your Kids Be Examined About Your Claim?

You are hurt in a car accident and, in fairly typical fashion, your adult kids are named as Family Law Act plaintiffs in your lawsuit.  That is, your kids are making a (normally minor) claim indicating that they have also suffered loss arising from your accident, typically termed loss of care, guidance and companionship.

During the litigation and on the eve of Trial, your kids decide to abandon their claim for damages – because their claim overall may not be particularly significant for a host of reasons.… Continue Reading