Speaking Engagements - Updated June 2008

Our lawyers are actively involved in continuing legal education conferences.  Here are some upcoming speaking engagements that members of our team are involved in:

Jim Vigmond will be a lecturer at Queen's University Law School for the winter 2008 session. He will be teaching Personal Injury Advocacy.

Roger Oatley and Jim Vigmond have been selected by their peers to be included in the inaugural edition of The Best Lawyers in Canada. Inclusion in Best Lawyers is regarded -by both the legal profession and the public- as the highest form of professional accolade. Inclusion in Best Lawyers is based on an exhaustive and rigorous peer-review survey. Lawyers are not required or allowed to pay a fee to be listed. The Best Lawyers in Canada is available online at BestLawyers.com.

Court of Appeal Decision -
Heuvelman v. CGU Traders General

On October 28, 2004, the Court of Appeal released its decision on the Heuvelman case.  Counsel for the respondents were James Vigmond and Brian Cameron, who successfully challenged the insurer’s position that it was entitled to claim credit under the uninsured policy of insurance for monies paid under a Personal Liability Umbrella Policy.  Although technical in nature, the case is of great importance to all those injured in catastrophic car crashes.

Added October 2003
Changes to the Insurance Act - Effective October 1, 2003

The Ontario government recently revised our automobile insurance laws. Who will these changes affect?

These new laws affect injured persons, their families, health practitioners, designated assessment centers, paralegals and insurance companies.

How will these changes affect a person injured in a motor vehicle collision?
The amendments modify the accident benefits available to injured persons from their own insurer. They affect an injured person’s right to compensation from the party responsible for causing the collision. The amendments also modify procedural aspects of both compensation systems.

How will the amendments affect an injured person’s right to accident benefits from his or her own insurer?

That term is expanded to include persons losing the use of either one arm or one leg. The amendments increase flexibility for designating children Catastrophically Impaired. Finally, the amendments speed up the application process for some injured people. Under the new laws, those suffering catastrophic whole body impairments and emotional/behavioral disorders may apply for Catastrophic Impairment designation after two, rather than three, years.

The new laws reduce basic Weekly Income Replacement Benefits from $400.00 to $300.00. Insured persons may purchase optional, increased income replacement benefits.

The amendments introduce a new concept, the 'Pre-Approved Framework Guideline' ('PAF'). The PAF streamlines the application, approval and service delivery process for persons suffering defined impairments. Currently the PAF guidelines apply only to persons suffering either WAD I and WAD II impairments. Once an insured person applies and qualifies for the PAF, they receive a series of short-term (4-7 weeks), pre-approved medical and rehabilitation services.

Which changes most significantly affect health practitioners?

The amendments expand the definition of 'health practitioner' to include occupational therapists, registered nurses and speech/language pathologists. Accordingly, these health practitioners may endorse treatment plans for their clients.

The amendments drastically reduce the fees which insurers must pay for the services which health practitioners provide. These regulated fees fall well short of standard industry rates.

The guidelines also set limits on the fees which insurers must pay health practitioners for completing their client’s benefit and expense application forms.

How will the amendments affect the accident benefits process?
The amendments permit an insurer to compel an applicant to submit to an examination, under oath, respecting matters relevant to their benefits claim. An insurer may suspend payment of benefits until the applicant submits to this examination.

The new laws restrict the scope of Insurer's Examinations and assessments.  As a result of the amendments, an insurer can only require an insured person to submit to an Insurer's Examination respecting a Medical or Rehabilitation Benefit where the insured person commences a proceeding to compel payment of a disputed benefit.

The amendments modify rules respecting medical and rehabilitation assessments. In most cases, the insurer need not pay for any assessment, unless it consents, in advance, to the assessment. The insurer must respond promptly to an insured’s request for an assessment. In the normal course, an insurer must respond to the request within five days. If it fails to respond in time, then it must pay for the assessment.

Pre-approval is not required for completion of disability certificates, review and approval of treatment plans, completion of attendant care assessment forms and catastrophic impairment applications.

The new laws amend the procedure for responding to treatment plans. The insurer must notify the insured of its decision respecting the plan within fourteen days of the plan’s receipt. If the insurer fails to do so, then it must pay for the goods and services relating to the period between the date that it should have responded and the day it actually responds.
Finally, the amendments provide complex rules concerning conflicts of interest. These rules affect Designated Assessment Centers and services providers alike. Health practitioners are well advised to review these rules.

How will the amendments affect an injured person’s right to compensation from the party responsible for the collision?
Most notably, the laws are changed so that an injured person whose impairments pass the 'threshold' can recover their future healthcare costs from an at-fault party. Previously, only those suffering Catastrophic Impairment could claim these losses.

The amendments refine the definition of 'threshold' impairment.

The new laws provide that, in order to pass the threshold, the person must suffer an impairment which substantially interferes with their ability to work, train for work or perform their usual living activities. The impaired function must be necessary / important to the person’s ability to perform these activities. Finally, the impairment must be permanent. Permanence requires that the impairment continue from the time of injury into the future, without expectation of substantial improvement.

The amendments also modify deductibles. The government increased deductibles for pain and suffering damages to $30,000.00. It increased deductibles for damages for the loss of a loved-one’s care and companionship to $15,000.00. However, no deduction applies where these damages, assessed without the deductible, exceed $100,000.00 and $50,000.00, respectively.

When do these amendments take effect?
Most of the amendments take effect on, and apply only, to claims arising out of collisions occurring on or after, October 1, 2003.  There are exceptions.
For your assistance, please click on the links below to obtain more information about the new insurance amendments.
Bill 198 - General Information
Superintendent's Guideline
Ontario Regulation 380-03
Ontario Regulation 381-03
Pre-Approved Framework Guideline (PAF) for Grade I Injuries
Pre-Approved Framework Guideline (PAF) for Grade II Injuries
back to top

 

We are here for your journey – whatever its duration. Always professional and fair, we are also relentless and aggressive on your behalf. Success requires flexibility, innovation, and commitment. We know that. We remain focused on your needs for as long
as it takes.

    

"I am grateful to Roger for all the hard-work and long-hours he dedicated to my file, and would highly recommend him to anyone else who has suffered a serious personal injury."

Sandra Burton