Insurance - MVA Law - Car Accident Update Ontario Court of Appeal - Ottawa MVA Lawyers
The Ontario Court of Appeal recently released its decision in the case of Kusnierz v Economical which has been followed by personal injury and car accident lawyers in Ontario. The case can be read at http://www.ontariocourts.on.ca/decisions/2011/2011ONCA0823.htm
The Ontario Court of Appeal allowed the appeal. In doing so, it declared that Mr. Kusnierz met the definition of catastrophic impairment under the Statutory Accident Benefits Schedule - SABS and is entitled to enhanced medical and rehabilitation benefits.
The Ontario trial Lawyers Association - OTLA (to which Marc Quinn of our Ottawa law firm is a proud member) intervened in this case and was represented by lawyers Jim Vigmond, Brian Cameron, Adam Little and Troy Lehman, all very experienced Ontario personal injury lawyers.
This case represents a significant victory for the plaintiff bar. It also represents OTLA’s ongoing efforts to lobby the government to strongly resist restrictions to the definition of catastrophic impairment.
In his decision, MacPherson J.A. stated as follows:
“I do not agree with the trial judge’s conclusion and his reasons in support of it. I prefer the opposite conclusion and the reasons of Spiegel J. in Desbiens v. Mordini….The language of the SABS, the purpose of the Guides, the Guides’ references to combining physical and psychological impairments, and the goals of the SABS lead me to conclude that the combination of physical and psychological impairments is appropriate under cl. 2(1.1)(f).”
OTLA continues to fight for the rights of injured victims in Ontario and Canada. OTLA is a leading legal authority on personal injuries issues and on auto insurance issues. The work OTLA does to assist victims of accidents is important and vital. I am proud to say I am a member of OTLA.
Ottawa Car Accident Lawyers - QTMG Lawyers. Marc Nicholas Quinn, Ottawa Injury Lawyer. 613-315-4878.
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