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In January, 1990 Ontario's then Liberal Government brought in a more generous system of
no fault accident benefits and strictly
reduced the right to sue to cases of:
i) the injured person has died, or Since it is sometimes difficult to tell if an injury is serious enough to meet the threshold the court has made exceptions to the year time limit for suing and it may still be possible to start a claim. The two year time limit for suing would make such a claim out of time except for injuries to children (2 year time limit from 18th birthday) or in cases where it was uncertain until recent discovery that the injury was serious enough to meet the threshold. Consult a lawyer if in doubt. Under this system if your case is serious enough to proceed you maybe entitled to damages for pain and suffering and all related financial losses not subject to being paid by accident benefits. For accident disability benefits to still be paid you must remain unable to do any work for which you are reasonably qualified as a result of the accident. The benefit is 80% of gross income up to a maximum of $600.00 per week. There are also benefits for homemakers, students and unemployed people. Disputes over these benefits can be taken to Mediation and then Arbitration at the Financial Services Commission. You also have the option of suing in court after mediation. Insurers are responsible for rehabilitation needs and medical expenses for ten years from the date of the accident. |