ontario Tag Archives

McKee v. Hicks, 2023 BCCA 109 Part 2

In Part I of my reporting on this case, which can be found here, I looked at the court’s decision regarding the award of damages for loss of future earning capacity. The same decision also addressed the circumstances of when an award of damages for loss of housekeeping capacity should be awarded and how.

Language Barriers and the SABS

The Statutory Accident Benefits Schedule (SABS) has seen significant changes from 2003 to now. Lobbying efforts by the insurance industry has led to an appreciable reduction in the benefits available to injured claimants[1]. The fundamental issues with Ontario’s no-fault benefits system have never been properly addressed and we currently have a complex entitlement-based system, confusing eligibility criteria, which is difficult to navigate without representation. This was never meant to be the case