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ARTICLE · 19 MARCH 2014

Calculating Damages In Motor Vehicle Collision Claims In Ontario

Blaney McMurtry LLP
Blaney McMurtry LLP
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It has been almost 18 years since a Conservative government implemented Ontario’s third major tort reform automobile compensation system.

CanadaLitigation, Mediation & Arbitration
Blaney McMurtry LLP
Blaney McMurtry LLP
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I. INTRODUCTION1

It has been almost 18 years since a Conservative government implemented Ontario's third major tort reform automobile compensation system. It came into force on October 23, 1996. That fall I presented my first iteration of this paper which explained how tort damages should be calculated under this new system. Since then, significant changes have been made to the legislation in 2003, 2006, 2010 and 2011 and there have been a number of judicial decisions interpreting various provisions of the tort reform scheme. There have also been a number of versions of this paper. This one is intended to provide a reasonably comprehensive analysis of how tort damages should be calculated for accidents occurring on or after May 12, 2011 based on the law as of March 1, 2014.2 These changes are largely embodied in Bills 198 (2003), 18 (2006) and 34 (2010).

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