Changes To The Attendant Care Benefit Do Not Apply Retrospectively: Davis v. Wawanesa, 2015 ONSC 6624
The payment of attendant care to family members of injured people is a thorny issue for the insurance industry. Before September 2010, a family member of an injured person was entitled to receive compensation for attendant care services provided without showing any economic loss. The insurance industry lobbied the government to change this and in September 2010 the law was changed to require a family member to prove an economic loss before receiving the attendant care benefit. Under the September 2010 changes all that was required was to prove some economic loss and the full attendant care benefit could be paid. Further lobbying by the insurance industry resulted in a further change to the law under which the amount paid to a family member for attendant care was limited to the family member’s actual economic loss. This change was made by Ontario Regulation 347/13 (the “Regulation”) which came into force on February 1, 2014.
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About the Authors
Troy Lehman joined Oatley Vigmond in 2006 and became a partner in 2010. As a personal injury lawyer, his greatest satisfaction comes from helping people through to the other side of a difficult time in their lives. “We’re here to help and relieve stress,” Troy says. “When I walk into a first meeting with a client, people are often scared and anxious. And for me, the best thing that can happen at the end of the meeting is that they say, ‘I feel so much better.’
As a partner at Oatley Vigmond, Lara Fitzgerald-Husek uses her empathy, creativity, and trial experience to connect with her clients and help them move forward after trauma. Lara focuses her practice solely on personal injury, and she is determined to get her clients the best possible outcome—the one they deserve.