Accident Benefits Category Archives

Ontario’s Budget Announcement on Auto Insurance: An Avalanche of Attrition Continuing to Crush Victims’ Rights

From the September 2010 overhaul of the Statutory Accident Benefits (SABS) regime to the passing of Bill 15 in November 2014, accident victims’ rights in Ontario are being whittled down. Now with the most recent Budget Announcement, this avalanche of attrition is continuing to cascade.

Auto Insurance: The Hidden Costs of the Provincial Budget

Last month, the Ontario Liberal government revealed its latest budget entitled “Building Ontario Up” but what it does to our auto insurance benefits is actually the opposite by significantly slashing benefits available to accident victims.

The Truth Revealed About Insurance Companies’ Profits in Ontario

Dr. Fred Lazar and Dr. Eli Prisman, from the York University Schulich School of Business, conclude in a recent study that for the period of 2001 to 2013, consumers in Ontario have likely overpaid for auto insurance by between $3 and $4 billion. This money has not gone to accident victims nor to lower premiums for consumers – instead this money has gone straight to …

Show Me the Policy, Honey! Why is Uber keeping its insurance details a secret?

Uber maintains it has sufficient insurance to protect customers of the popular ride-sharing program, but refuses to produce the paperwork to prove it. On March 9, 2015, Uber asked an Ontario Superior Court Judge for an Order to seal its insurance policy, claiming it is necessary to do so for “competitive reasons”. The sufficiency of Uber’s insurance coverage is a hot button topic and Uber …

New Policy on Travel Expenses for Treatment Providers Discriminates Against Rural Claimants

FSCO regularly publishes Bulletins which are meant to guide insurers and claimants on the permissible and impermissible practices surrounding claims for accident benefits. In FSCO Bulletin A-14/14, along with outlining regulatory amendments which were to take effect on December 1, 2014, FSCO also sent a strong message about mileage expenses for treatment providers, which will discriminate against claimants who live anywhere other than large towns and cities and …

Expansion of the Duties Owed to Rescuers

What can be reasonably foreseeable in rescue situations? In Maguire v. Padt, Suzanne Padt was found to be negligent when she drove into a ditch while driving in winter whiteout road conditions. Two other drivers and a police officer stopped to assist Ms. Padt and her daughter out of the ditch and were successful in getting them into the police car safely. Amidst the investigation …