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How to complete the OCF-19 Application for Determination of a Catastrophic Impairment (Ontario)

The most serious motor vehicle accidents in Ontario are classified as “Catastrophic” by our Ontario insurance law. The term “Catastrophic” is a term of art; meaning that it carries its own legal definition; separate and apart from the common definition you would find in an English dictionary.

http://www.torontoinjurylawyerblog.com/2015/11/how-to-complete-the-ocf-19-application-for-determination-of-a-catastrophic-impairment-ontario.html#more-850

Shop Insurance Canada Explains Why Auto Insurance Rates Are So High In Greater Toronto Area

(PRLeap.com) November 19, 2015 – The Greater Toronto Area’s reputation as the most expensive region in Canada to insure a vehicle is well worn by now, although it is a reputation founded in reality. The city of Toronto and its surrounding neighborhoods represent the highest premiums in the country, with almost no exception. The surrounding province of Ontario has long been pegged as an expensive auto insurance market, but does the GTA give Ontario a bad name, and just why are prices so out of control in the big smoke of Toronto?

Is telematics actually encouraging better driving behavior?

Ever since telematics became available in the auto insurance marketplace, many brokers have urged their clients to consider adopting a usage-based insurance plan as a way to encourage safe driving practices and possibly even reduce their auto insurance premiums.

http://www.insurancebusiness.ca/news/is-telematics-actually-encouraging-better-driving-behavior-199732.aspx

The 10 cars most likely to cause an injury claim

Many brokers may not associate the Porsche 911 Carrera with safety and low incidences of personal injury claims, but according to the Highway Loss Data Institute (HLDI), the sports car is typically driven infrequently, resulting in it experiencing 75% fewer injuries than the average vehicle.

http://www.insurancebusiness.ca/news/the-10-cars-most-likely-to-cause-an-injury-claim-199736.aspx

$60,000 Non-Pecuniary Assessment For Chronic Back Injury

In the recent case (Ali v. Rai) the Plaintiff was involved in two collisions in 2011.  He was found faultless for both.  The collisions caused a lingering back injury which remained symptomatic at the tie of trial and the symptoms were expected.  The Court found both collisions caused the injury and it was indivisible.

http://bc-injury-law.com/blog/60000-nonpecuniary-assessment-chronic-injury?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+IcbcLaw+%28ICBC+Law%29

Injured motorist finally settles 2011 school-bus crash claim, but calls out ICBC for how it was handled

PENTICTON, B.C. — After finally reaching an out-of-court settlement, a motorist injured more than four years ago in a school bus crash near Summerland is speaking out about the Insurance Corporation of B.C.’s handling of his claim.

http://www.ilstv.com/injured-motorist-finally-settles-2011-school-bus-crash-claim-calls-icbc-handled/

Does Ontario need a consumer insurance bureau?

The Ontario government’s response to rising auto insurance premiums is “akin to bringing a bazooka to a pocket-knife fight” and as a result, the province is desperately in need of consumer watchdog organization, according to two personal injury lawyers writing for Law Times.

http://www.insurancebusiness.ca/news/does-ontario-need-a-consumer-insurance-bureau-199621.aspx

http://www.lawtimesnews.com/201511165057/commentary/speaker-s-corner-it-s-time-for-a-consumer-insurance-bureau-in-ontario

Provincial News: Ontario’s Shame and Scandal – how the injured and disabled are punished by government policy

TORONTO, November 17, 2015 PRESS RELEASE – Ontario auto insurers are poised to make higher profits on the backs of Ontario’s disabled and injured MVA victims in 2016 while continuing to build up the provincial deficit by downloading the expense of victims to the taxpayers. Recently passed legislation means that coverage for the most injured MVA victims will be cut in half.

http://www.northumberlandview.ca/index.php?module=news&type=user&func=display&sid=38477

Vaillancourt v Sloss, 2015 ONSC 7031 (CanLII)

[17]           The plaintiff has used the following language in describing his counsel and her law firm:

They are more concerned with their payment than my proper representation putting their needs before mine.

Where is the muscle?

Wallbridge, Wallbridge have let themselves be intimidated by the defence.

They try to manipulate the system.

The firm’s conduct has been suspect and misleading.

https://www.canlii.org/en/on/onsc/doc/2015/2015onsc7031/2015onsc7031.html

NATURE OF THE APPEAL AND BACKGROUND

The Respondent, Mr. Ilir Kraja, was injured in an August 1, 2012 motor vehicle accident. As a result, he applied to his first-party automobile insurer, the Appellant, Wawanesa Mutual Insurance Company, for statutory accident benefits under the 2010 Schedule.[1]

 

The Respondent seeks enhanced accident benefits on the basis that he sustained a catastrophic injury, as defined by subparagraph 3(2)(d)(i) of the 2010 Schedule. That provision reads:

 

(2) For the purposes of this Regulation, a catastrophic impairment caused by an accident is,

 

 

(d) subject to subsection (4), brain impairment that results in,

 

(i)    a score of 9 or less on the Glasgow Coma Scale, as published in Jennett, B. and Teasdale, G.,Management of Head Injuries, Contemporary Neurology Series, Volume 20, F.A. Davis Company, Philadelphia, 1981, according to a test administered within a reasonable period of time after the accident by a person trained for that purpose …

https://www5.fsco.gov.on.ca/AD/4685