Important Decision on Catastrophic Impairments
In Pastore v. Aviva Canada the Court of Appeal ruled that the language of the SABS (Statutory Accident Benefits Schedule) does not require that a claimant be considered markedly impaired in more than one area of life to be designated as catastrophically impaired. Pastore concerns a woman who was injured after being hit by a car in November 2002. Her left ankle was broken and did not heal properly. She underwent a number of surgeries and eventually her right knee was replaced due to changes in how she walked. She was self-sufficient before the accident but became almost completely dependant on others afterward. This had predictably severe consequences on Ms. Pastore's emotional and [...]
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