Personal Injury Blog

Catastrophic Injury (4)

G.P.’s Application For Catastrophic Impairment And Denied Treatment Plans

G.P. v. Cumis General Insurance Company, a recent claim before the Licence Appeal Tribunal (LAT), concerned G.P.’s application for a determination of catastrophic impairment and several denied treatment plans. G.P. had been injured in a motor vehicle accident in November 2013. She sought treatment...

Accident Benefits Update: Chronic Pain Is Not a Minor Injury

In F.H. and Certas Direct Insurance Company, a recent hearing before the Licence Appeal Tribunal (LAT), the unnamed Applicant sought a declaration that her ongoing post-accident impairments were not subject to the Minor Injury Guideline (MIG) and the $3500 cap on treatment under the MIG.

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...

Bad Faith by Accident Benefits Insurer?

On July 19, 2019, the Ontario Court of Appeal released Stegenga v Economical Mutual Insurance Company 201 ONCA 615). The central question on appeal concerned the jurisdiction of the Licence Appeal Tribunal to hear a bad faith claim against Economical for its handling of the plaintiff, Morgan...

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