The threshold exceptions for litigation created by s.267.5(3) and 267.5(5) of the Insurance Act, supra, each effectively incorporates a causation requirement. In particular, the exceptions do not apply unless the specified impairments exist or occur “as a result of the use or operation of the automobile”. Demonstration of causation therefore is included in the elements a plaintiff must establish to satisfy the threshold for … Read More
<Causation Issue in Tort of the Motor Vehicle Accident> – We agreed that if caused by the relevant motor vehicle accident, the plaintiff’s chronic low back pain constitutes a “permanent serious impairment of an important physical, mental or psychological function”, within the meaning of ss.267.5(3) and 267.5(5) of the Insurance Act. – Following our investigation of the totality of medical evidence, motor vehicle accident was relatively modest … Read More
-Threshold in an Action against the At-Fault Party- -One of the MVA clients was advised that with soft-tissue injury, he had no case unless there was some visible or objective injury. -He suffered from a chronic pain condition that could continue for an indeterminate time, and our Legal Services asked him to undergo the MRI. … Read More
<Tort Threshold> -In MVA Tort action, it is critical for your MVA clients to understand whether or not there is sufficient medical evidence to have a reasonable chance of persuading a judge that he/she had sustained an injury that met the requirements of s. 267.5(5) of the Insurance Act. -267.5 of the Insurance Act relates … Read More
Ontario Regulation 381/03 states comprehensive definitions and procedures that must be followed for determining whether or not the plaintiff’s threshold has been met. “Permanent serious impairment of an important physical, mental or psychological function” means impairment of a person that meets the criteria set out in section 4.2. 4.2 (1) A person suffers from … Read More
<IRB to continue to be paid> When one of our MVA clients is out of the country, our Legal Services tries everything we can to accommodate his personal situations and ensure he continue his physical, psych treatments in the foreign country under s.57 of the SABS to ensure his income benefit payment continue. And, we … Read More
<Tort action in the workplace injuries> -An MVA insured person can elect to bring an action and claim benefits under s. 30 of the Workplace Safety and Insurance Act, 1997. -He can issue a Statement of Claim for tort action in a workplace injury against a Tortfeasor if he has a viable claim in meeting … Read More
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