Helping Those Who Need It The Most ™
News & Insights

Blog

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.

motor vehicle accidents Archives

Toronto Star: Auto Insurers Routinely Deny Treatment Plans

An article in today's Toronto Star addresses the issue of an increase in denials of treatment plans by auto insurers for people who are injured in automobile accidents. It is reported that the Ontario Government intends to hold public hearings on auto insurance. You can read the entire article by clicking here.

Toronto Star Article on Lengthy Wait Times at FSCO

The Toronto Star has published an article identifying the lengthy wait times at the Financial Services Commission of Ontario (FSCO) for mediations of accident benefits denied by insurance companies. Our firm's own Michael Smitiuch was interviewed and quoted in the article.  He identifies the significant hardship that these delays often mean for clients and notes this to be an access to justice issue. To read the Toronto Star Article, click here.

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 Lauwers 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 Lauwers 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 

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.

A Story of One Man's Struggles with his Accident Benefits Insurer

There is a very interesting story on one man's struggle to get his accident benefits in a timely manner after a horrific crash with very serious injuries. Unfortunately, his story is all too common for many individuals who are injured in motor vehicle accidents. To read this article, click here.

Health Provider Survey Reveals Concerning Trends

An interesting article has been posted by the Alliance of Community Medical and Rehabilitation Providers on The Health Professional website. Based on a survey of health professionals across Ontario it noted the following trends with insurer's response to applications for medical and rehabilitation benefits:

FSCO Releases Draft Statement of Priorities for 2011

FSCO has released a draft of its statement of priorities for 2011. Some of the activities being considered are: - Audit reviews of compliance with 2010 auto reforms, including Statutory Accident Benefits - Work with stakeholders to identify measures that will reduce fraud and abuses in the auto insurance industry - Undertake long-term initiatives from the 2010 auto insurance reforms - Minor Injury Treatment protocol, catastrophic impairment definition and closed claims study - Consider additional tools in enforcement of insurance regulation such as administrative monetary penalties - Initiate electronic mediation scheduling and explore feasibility of private sector mediation/arbitration service providers to assist with increased workload resolution services. FSCO is inviting comments on this draft by June 7, 2011.

  • Contact Our Personal Injury And Disability Benefits Lawyers For A Free Consultation
  • Get the answers that you need, free of charge. We offer a no-risk initial consultation to clients across Toronto, Brantford, Simcoe, Hamilton, and the GTA.

    Get A Free Consultation

Toronto Office
3280 Bloor Street West
Centre Tower, Suite 800
Toronto, Ontario M8X 2X3

Toll Free: 866-621-1551
Phone: 416-621-1551
Fax: 416-621-1558
Toronto Law Office Map

Brantford Office
330 West Street
Unit 6
Brantford, Ontario N3R 7V5

Phone: 519-754-1558
Fax: 519-754-1580
Brantford Law Office Map

Hamilton Office
1 Hunter Street East
Hamilton, Ontario L8N 3W1

Phone: 519-426-9332
Fax: 519-754-1580
Map & Directions

Simcoe Office
16 Norfolk Street South
Simcoe, Ontario N3Y 2V9

Phone: 905-777-7907
Fax: 416-621-1558
Simcoe Law Office Map

Scroll To The Top