Statutory Accident Benefits in Ontario

Statutory Accident Benefits and Regulation 43/10 "THE ROAD AHEAD FOR IMPECUNIOUS VICTIMS" Paper originally presented to the Carleton County Law Association on May 25th, 2010

Statutory Accident Benefits for Accidents after September 1, 2010

Statutory Accident Benefits for Accidents pre 2011 (generally)

Topics related to Accident Benefits: The 2005 decision of Desbesiens vs Mordini stood for the proposition that in order to determine catastrophic impairment on the basis of a 55% whole body impairment (“WBI”), a Court could consider a combination of the pre-existing injuries of injury victims combined with both the psychological and psychiatric and physical injuries or conditions of the said victim. Recent caselaw in the Superior Court of Ontario in Kunierz vs Economical Mutual Insurance Co. (2011) has cast doubt on that. In that decision the Court found that you could not combine psychological/psychiatric conditions with physical conditions under the American AMA 4th Edition Guidelines upon which the 55% WBI assessment is based We are watching to determine what the Court of Appeal does with this issue and will keep posting developments as they occur with this case.

firm articles and publications

1. Complex Catastrophic Impairment under Ontario Statutory Accident Benefits Legislation: the Desbien Decision:

2. Recent Supreme Court of Canada Developments with respect to Foreseeability and Causation

3. Statutory Accident Benefits - Potential Recovery Regardless of Fault for Accidents after October 2003

Testimonials

"After a devastating accident, I was suffering from unbelievable stress and I was in a great deal of pain.  I was completely unprepared to deal with the overwhelming number of tasks that come with an automobile accident.  I was frightened, dealing with hospital expenses, personal injury, income loss and family devastation.  I knew I needed a lawyer but I had no idea where to begin or who to trust.  I was a victim and afraid of being taken advantage of.  The one thing I knew was that I needed to find an attorney with years of experience in personal injury cases.  Several referrals from friends and family lead me in the same direction, Derek Nicholson."
 
Nancy Stewart

Successes

Derek Nicholson succeeded in obtaining a $6 million dollar settlement for a young man who was brain injured when he was struck by an SUV riding his bicycle home from swimming lessons