Consistently ranked TOP TEN in ONTARIO
by Canadian Lawyer MagazineRequest A Consultation
Request A Consultation
Our skilled personal injury legal team and accident benefits specialists are here to help you. Please fill out the consultation form and one of our team members will connect with you for a free consultation.
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.
Click here to view this paper.
Furthermore, a copy of the decision can be viewed here.
Popular Tags
Troy Lehman
A graduate of the University of Western Ontario law school, Troy was called to the bar in 2001. Troy received the highest mark on the Bar Admission course by anyone from Western University. Troy...
Read Bio Read ArticlesLara Fitzgerald-Husek
Lara completed her undergraduate degree at the University of Toronto in Ethics, Society, and Law and International Relations. She obtained her Juris Doctor and Master of Public Administration at...
Read Bio Read Articles-
Introducing Oatley Vigmond’s Next Generation of Personal Injury Lawyers July 26, 2022
-
Canadian Lawyer Magazine Reveals 2022 Top Personal Injury Boutiques June 1, 2022
-
Ontario Bar Association Announces Jim Vigmond as Recipient of 2022 OBA Award of Excellence in Insurance Law March 4, 2022
-
Oatley Vigmond Lawyers Recognized in 2022 Canadian Legal Lexpert® Directory February 28, 2022
-
Oatley Vigmond Aims to Bring Holiday Cheer to Four Local Charities by Donating 120 Premium Gingerbread House Kits December 13, 2021