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ARTICLE · 15 JANUARY 2014

Arbitration Decision Provides Guidance For Application Of Minor Injury Guideline

Lerners LLP
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In 2010, the Minor Injury Guideline ("MIG") was added to Ontario’s Statutory Accident Benefits Schedule. Section 3(1) of the Schedule defines a "minor injury" as "one or more of a sprain, strain, whiplash associated disorder, contusion, abrasion, laceration or subluxation and includes any clinically associated sequelae to such an injury."

CanadaLitigation, Mediation & Arbitration
Marc Flisfeder
Marc Flisfeder
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In 2010, the Minor Injury Guideline ("MIG") was added to Ontario's Statutory Accident Benefits Schedule.  Section 3(1) of the Schedule defines a "minor injury" as "one or more of a sprain, strain, whiplash associated disorder, contusion, abrasion, laceration or subluxation and includes any clinically associated sequelae to such an injury." Section 18(1) of the Schedule limits to $3,500 the total amount of medical and rehabilitation benefits payable by an insurance company to an injured person who has suffered "predominantly minor injuries" as a result of an accident.

Belair v. Scarlett is the first arbitration decision which interprets the application of the MIG. Mr. Scarlett was in a car accident and suffered soft tissue injuries, sprains, and lacerations, as well as depressive symptoms, chronic pain, and temporomandibular joint disorder ("TMJ"). The arbitrator accepted that Mr. Scarlett's psychological condition, chronic pain, and TMJ were separate and distinct

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