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New Changes to the SABS Biased & Uninformed

On February 1, 2014 more new changes to the SABS will come into force.

Without any notice to stakeholders, the provincial government adopted threeproposed changes.The three changes are as follows:

  1. The minor injury regulation exemption for pre-existing medicalconditions will be amended to only exempt conditions that were pre-existing and,documented by a health practitioner;

  2. The attendant care services will no longer be paid in accordancewith the form 1 assessed need but will only pay the service providers forthe actual economic losses sustained; and

  3. The re-election clause will be tightened by striking out finaland replacing it will final, regardless of any change in circumstance.

The new provision dealing with attendant care reverses the law establishedby the Court of Appeal in HENRY v. GORE. The regulation takes only oneperspective into account insurance company profits. Family members andfriends providing attendant care will essentially be doing so for free.While time off work will be re-paid, any and all additional time spentcaring for family member in the evening, during the night or over theweekend will have to be done for free. There is no longer any value placedon this time spent.

The additional provision added to the MIG will prevent individuals without aphysician from escaping the $3,500 limit even if their pre-existingcondition would prevent them from achieving maximal recovery under the lower limit.

The big surprise here is the complete lack of consideration given to anystakeholder, other than the insurance companies.

No opinions were sought,no research undertaken and no thought provoking debate occurred. A copy ofthe new regulation can be found at:

http://www.e-laws.gov.on.ca/html/source/regs/english/2013/elaws_src_regs_r13347_e.htm

Written by Jan Marin, Lawyer, Gluckstein Personal Injury Lawyers, Toronto

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