In August of 2015, the Ontario government proposed significant
amendments to the province's no-fault automobile benefits
regime, effective June 1, 2016.1 These amendments, made
primarily to two existing regulations, echo announcements made by
the government in its 2015 Budget.
The most notable changes are to the following areas: (a)
non-earner benefits; (b) non-catastrophic and catastrophic benefits
limits; and perhaps most important, (c) the definition of what
constitutes a catastrophic impairment.
(a) Non-Earner Benefits
Under the current Statutory Accident Benefits Schedule
("SABS"), non-earner benefits are paid after a six month
waiting period following the accident and up to two years
post-accident at a rate of $185.00 per week. To qualify, the
insured must suffer a complete inability to carry on a normal life.
There is no change in the test post 104 weeks (unlike the
entitlement test for income replacement benefits). However, if the
individual continues to
