Bill 164: Still With Us After 20 Years
Bob Rae’s NDP Ontario government made wholesale changes to auto insurance in Ontario for motor vehicle accidents that occurred on or after January 1, 1994. Bill 164 created a legal regime where injured people had no right to sue for economic loss. Instead, the Rae government created an extensive set of no-fault accident benefits rights which included, amongst other benefits, the following:
• Income Replacement Benefits of 90% of net income up to $1,000 per week, indexed to inflation. This became payable as a type of pension (loss of earning capacity benefit) if a person remained eligible after two years of eligibility and was payable for life;
• $1,000,000 in medical/rehabilitation benefits, indexed to inflation and payable for life;
• Attendant care benefits of up to $10,000 per month, indexed to inflation with no lifetime limit;
• Benefits to pay for damage to Hearing Aids, Clothing, Glasses and Devices;
• Housekeeping and Home Maintenance Benefit of $100 per week, not indexed, payable for life;
• Funeral Expenses and Death Benefits
Bill 164 only applied to motor vehicle accidents that occurred between January 1, 1994 and October 31, 1996. We expect that many people injured in 2017 in Ontario motor vehicle accidents would be surprised to learn about the substantial level of no-fault accident benefits that existed in our province more than twenty years ago.
It is interesting to note that Ontario insurance companies are still dealing with Bill 164 claims today. Many motorists settled their Bill 164 claims using a form of release that the courts have later deemed to be invalid. Given the substantial nature of the available benefits and the impact of interest on overdue benefits payable at 2% per month compounded monthly, some improperly settled Bill 164 claims are worth a substantial amount in 2017. In addition, open Bill 164 claims that were never settled may also be worth a substantial sum. An experienced accident benefits lawyer would be able to provide more information to those people who have eligible claims.
About the Authors
When Rob Durante was called to the bar in 1997, he had been articling for a year with a law firm that specialized in defending insurance companies in personal injury cases. “I developed a sense of wanting to right injustices,” he recalls. “I didn’t want to work for the insurance companies… For me, it’s all about achieving justice for clients, righting wrongs and arranging fair compensation.” Rob joined Oatley Vigmond that same year and has been advocating for seriously injured clients and their families ever since.