In Healey v. Lakeridge Health Corp.,  O.J. No. 231 (C.A.), the Court of Appeal concluded that although there were some academic and judicial opinions to the contrary, there is a strong line of authority that to recover damages for psychological injury independent of physical injury, plaintiffs are required to show that they suffer from a recognizable psychiatric illness. The Court concluded,
“The law quite properly insists upon an objective threshold to screen such claims and to refuse compensation unless the [psychological] injury is serious and prolonged.”
Smitiuch Injury Law has received confirmation from the Financial Services Commission on Ontario (FSCO) that steps are being taken to decrease the wait time for mediations from the current nine months. Mediators at FSCO are now conducting three mediations per day instead of two. This should help alleviate the backlog for disputes against insurers for denied accident benefits and, ultimately, will mean that clients will be able to have quicker resolution of their accident benefits claim issues.
A golf cart driving on a highway without insurance is still a ‘motor vehicle’ for the purposes of accident benefits. Arbitrator Kominar – “…certain classes of vehicles, including golf carts, when they are operating on property other than highways, it does not follow that ‘if’ those conveyances choose to venture out, illegally, onto highways that they are exempt from insurance requirements…”
We are excited to introduce a new blog to the Canadian Legal community. We want this blog to be fresh, exciting, provoke thought and stimulate discussion. Our intent is to not just post items related to Personal Injury, Motor Vehicle Accidents or even items related to the business of law, although we still will. Thanks for visiting.