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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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Furthermore, a copy of the decision can be viewed here.