Personal Injury Blog

Accident Benefits Update: CAT

In E.E. and Aviva Insurance Company, a recent decision of the Licence Appeal Tribunal (LAT), the Applicant, E.E. claimed that he had suffered Catastrophic (CAT) Impairment under the Statutory Accident Benefits Schedule (SABS) following a serious single vehicle collision on January 28, 2012 in which...

Car-Surfing Injury Is an "Accident" -Divisional Court Upholds Lat Decision

In order to receive accident benefits under an auto insurance policy, a claimant must prove that they have been injured in an "Accident" as defined in the Statutory Accident Benefits Schedule (SABS). Under the two-part test set out by the Supreme Court of Canada, the claimant must how that the...

Accident Benefits Newsletter - Paediatric Brain Injury Victim Denied CAT Determination

Generally, the June 1, 2016 Amendments to the Statutory Accident Benefits Schedule have made it more challenging for car accident victims to qualify for a determination of catastrophic impairment (catastrophic). The declared legislative intention is that the amendments were introduced to promote...

Accident Benefits Update: Insurers Still Refuse to Fund CAT Assessments

An ongoing source of frustration for seriously injured car accident victims concerns the refusal by their accident benefits insurers to fund assessments for a determination of Catastrophic Impairment (catastrophic). The Statutory Accident Benefits Schedule (SABS) sets out the obligations on...

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