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Since 1990 there have been three drastic changes in regard to automobile insurance in Ontario, all premised on a "No-Fault Scheme" with a threshold test to determine if a party can sue in Tort. The current version is a "No Fault" system with a limited ability to sue for general damages in cases of permanent and serious injury. There is currently no threshold to sue for future economic loss. If an award for future economic loss is made, statutory benefits payments are deductible from any compensation awarded. Here are some quick highlights of the present legislation often referred to as Bill 59. If you have any questions we would be happy to arrange to meet with you to answer them.

Income Replacement - Statutory

An injured party can receive up to 80% of their net income to a maximum of $400.00 per week. Optional coverage can be arranged which allows coverage up to $1,000.00 per week. The minimum compensation for low income and non-workers is $185.00 per week. Benefits cease after 104 weeks unless the injured party suffers from a complete inability to engage in employment for which the person is reasonably suited by education, training, or experience.

Caregiver Compensation - Statutory

A caregiver may be entitled to a payment of $250.00 per week with an additional payment of $50.00 per week for each additional dependant.

Medical Benefits - Statutory

An injured party may be entitled to medical and rehabilitation benefits not exceeding $100,000.00 in the case of non-catastrophic injuries. In catastrophic injury cases, medical and rehabilitation limits are $1,000,000.00.

Economic Loss - Tort

A party can recover 80% of their economic loss up to the date of trial and 100% of their economic loss after a trial. No damages are recoverable for the first seven days following the accident.

Pain and Suffering - Tort

An injured party can only receive compensation for pain and suffering in cases of permanent and serious injury.

Attendant Care Benefits - Statutory

In cases of non-catastrophic injuries a party may be entitled to attendant care benefits of up to $3,000.00 per month for a maximum of two years with a maximum payout of $72,000.00. In catastrophic injury cases, the maximum attendant care giver benefit is $6,000.00 per month with a lifetime cap of $1,000,000.00.

Housekeeping - Statutory

If a party is injured to the extent that he or she can no longer perform the housekeeping and home maintenance services that he or she normally provided he or she may be entitled to up to $100.00 per week for 104 weeks in non-catastrophic injuries. In the case of catastrophic injuries there is no time limit.

Student Expenses - Statutory

If a student is injured while they are attending school they may be entitled to recover up to $15,000.00 for lost tuition, books, room and board.

Visitors Benefits - Statutory

Family members of the injured party may be entitled to reasonable expenses in relation to visiting the injured party.

Death and Funeral Benefits - Statutory

Upon the death of a party injured in an automobile accident, the dependants of the deceased party may be entitled to a $6,000.00 funeral benefit with optional coverage of up to $8,000.00 available. Dependants may also be entitled to a $10,000.00 dependant's benefit with optional coverage of up to $20,000.00 available. A spouse may be entitled to a spousal benefit of $25,000.00 with optional coverage of up to $50,000.00 available.

Deacon Taws represents clients who have suffered injuries in automobile accidents and other personal injury cases. If you reside in the Midland/Penetanguishene or Georgian Bay area, and if you, or a family member or friend has had an accident, we would be happy to assist you.


The foregoing articles are meant for informational purposes only and are not to be taken as legal advice. In the case of any questions, issues or needs arising from the above please contact us at Admin@deacontaws.com, Phone: (705)526-3791 or Fax: (705)526-2688



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