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At Smitiuch Injury Law, we dedicate our practice to helping clients through difficult periods of their lives. We handle the legal burdens while you focus on healing and your well-being.

December 2011 Archives

CBC Toronto Exposes Increase in Auto Insurance Treatment Denials

The Canadian Broadcasting Corporation (CBC) in Toronto recently aired an expose on the increase in denials for medical and rehabilitation treatment by Ontario's no-fault automobile insurers and the significant delay in obtaining justice for unreasonable denials. To read the article and watch the archived video, click here.

Ontario Court of Appeal: Desbiens Stands

The Ontario Court of Appeal has reversed the decision of Kusnierz v. Economical Insurance. In the Kusnierz v. Economical Insurance decision, Justice Laywers had determined that it was not permissible to assign percentage ratings in respect of psychological impairments under 2 (1.1)(g) of the Statutory Accident Benefits Schedule (SABS) and combine them with percentage ratings in respect of Kusnierz's physical impairments under Clause 2(1.1)(f) of the SABS for the purposes of determining whether an individual was catastrophically impaired. Justice Lawers reviewed the earlier decision of Justice Spiegel in Desbiens v. Mordini but respectfully came to a different conclusion.  Justice Laywers did not review any of the FSCO decisions on the issue. This means that both physical and psychological impairment percentage ratings can be combined when determining a catastrophic impairment.SIL-Logo2.jpg 

Toronto Star: Fight fraud, but not at the expense of legitimate claimants

The Toronto Star has published an article about the need to find balance between fighting fraudulent accident benefits claims and providing necessary goods and services for legitimately injured clients. You can read this article by clicking here.

Ontario's Auditor General Calls for Changes in Auto Insurance Sector

Ontario's Auditor General released their annual report.  Included in their findings was a question regarding why auto insurers are allowed a 12 percent rate of return when the economy has been so slow.  It also calls on the Financial Services Commission of Ontario to put more resources into eliminating the backlog of mediations and arbitrations.

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