Claims

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Claims

Bates Revisited

In the early 1990s, the Supreme Court of Canada found there were no practical alternatives - as of 1983 - to rating auto policyholders on the grounds of age, sex and marital status. But would today's telematics products, which detect acceleration, braking, and cornering, help provide such alternatives?

By Daniel Strigberger, Partner; and Jenna Meth, Lawyer, Samis + Company | May 1, 2016

6 min read

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Claims

Function Test

The criteria to obtain a catastrophic impairment designation, in Ontario, will be narrower as of June 1, as the Glasgow Coma Scale will be replaced with the Glasgow Outcome Scale.

By Marc Smith, Principal, Forget Smith Morel | May 1, 2016

7 min read

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Claims

Single Recovery

In its ruling in Basandra v. Sforza, the Court of Appeal for Ontario upheld decision of a trial judge who reduced a jury's award, from $105,000 to nil, for past and future attendant care, medical/rehabilitation and housekeeping costs. The decision was made to ensure the plaintiff did not recover from the same losses both from no-fault accident benefits and from a tort award.

By Matthew Owen, Associate, Zarek Taylor Grossman Hanrahan LLP | May 1, 2016

5 min read

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Claims

LAT Have Mercy

As of April 1, the Financial Services Commission of Ontario stopped accepting applications for mediation and arbitration of auto accident benefits insurance claims disputes. That responsibility now rests with the Licence Appeal Tribunal.

By Willie Handler, Consultant, Willie Handler & Associates | May 1, 2016

6 min read