Guest Author: Laura Dickson, Lamont Law In 2018, the independence of the adjudicators and decision-making process was called into question by the Divisional Court. The Divisional Court in Shuttleworth found that, although some outside influence on reason writing was considered permissible, the Court held that there ought to be an institutional consultation procedure in place to safeguard the independence of the decision-maker. The Ontario Court …
chronic pain Tag Archives
The Challenges of Arguing Cannabinoid Treatment in Personal Injury Claims
In Canada, cannabis was regulated under the Controlled Drugs and Substances Act, SC 1996, c 19 and more specifically, given a legal exemption for medical use. On October 17, 2018, cannabis was legalized under the Cannabis Act, SC 2018, c 16.
Corbett et al v. Odorico, 2016 ONSC 1964 (CanLII)
Damages assessment, following jury verdict, in which the new statutory deductible was considered. Also provides commentary on threshold and Chronic Pain.
Parra v Laczko, 2016 ONSC 911
Recent decision of the Superior Court of Justice on a threshold motion in a chronic pain case.
Dimopoulos v. Mustafa et al, 2016 ONSC 429
Threshold motion which considered competing Orthopedic expert reports. Court preferred more extensive, functional approach to impairment used by Plaintiff’s expert.
Arruda and Western Assurance Company, FSCO A13-003926
Released July 7, 2015 | Full Decision This decision by Arbitrator Jeffrey Shapiro makes clear that a diagnosis of chronic pain syndrome can remove an insured from the Minor Injury Guideline (the “MIG”). The arbitration concerned a motor vehicle accident which occurred on May 5, 2012. The insured sustained soft tissue and psychological injuries and was placed in the MIG. After depleting the maximum funding …