If you are hurt in a car accident, you may be entitled to benefits under your own automobile policy. This does not depend on another driver being at fault for the accident. These benefits are commonly referred to as "no-fault" benefits. The possible benefits available to you include: a weekly income replacement benefit, if you miss time from work; a weekly caregiver benefit, to provide assistance with caring for dependent family members; a weekly housekeeping benefit, to provide assistance with the cleaning and maintenance of your home; medical and rehabilitation benefits, to provide treatment and counseling for your recovery; attendant care benefits, to provide assistance with your personal [...]

The Ontario Superior Court of Justice has recently clarified the issue of what constitutes “economic loss” in the context of entitlement to payments for attendant care benefits as part of an Accident Benefits claim. In Henry v. Gore Mutual Insurance Company (2012 ONSC 3687), the plaintiff, an eighteen year old victim of a motor vehicle collision, was receiving attendant care assistance from his mother, who took a leave of absence from work to provide the care. Under his Accident Benefits claim, the plaintiff’s monthly attendant care benefit was assessed at $9,500 (capped to the statutory maximum of $6000 per month). This case is [...]

The Ontario Superior Court of Justice has recently pronounced that the Financial Services Commission of Ontario (“FSCO”), the regulating body for the insurance industry in Ontario, can no longer continue its practice of having motor vehicle collision victims wait in limbo for a resolution of their accident benefits disputes with their insurers. In Ontario, individuals who are involved in motor vehicle collisions are entitled to certain statutory benefits on a no-fault basis. From time to time, a claimant and an insurer will disagree on whether a claimant is entitled to receive a certain benefit. When these disagreements arise, the claimant has [...]