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Ontario Court of Appeal Rules on Pastore Decision in Favour of Claimants

A major decision with respect to the definition of "catastrophic" under the Statutory Accident Benefits Schedule was released by the Ontario Court of Appeal today. It its decision, Pastore v. Aviva Canada [2012 ONCA 642], the Court has supported the findings of the Director's Delegate at the Financial Services of Ontario, who decided that only one functional impairment due to a mental or behavioural disorder at the marked level is necessary to declare a person's injuries as catastrophic.  Furthermore, the decision supports that a marked psychological impairment caused by physical pain is valid for the purpose of determining a catastrophic impairment. The decision can be read in its entirety by clicking here.

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