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HomeNews & ArticlesChanges To The Attendant Care Benefit Do Not Apply Retrospectively: Davis v. Wawanesa, 2015 ONSC 6624
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Changes To The Attendant Care Benefit Do Not Apply Retrospectively: Davis v. Wawanesa, 2015 ONSC 6624

October 28, 2015  |  By:  Troy Lehman, Lara Fitzgerald-Husek

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.


About the Authors

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...

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Lara 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...

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