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ARTICLE · 31 JANUARY 2014

Changes to Minor Injury Guideline Will Affect Accident Victims

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On December 17, 2013, the Government published Ontario Regulation 347/13, amending the Statutory Accident Benefits Schedule.

CanadaLitigation, Mediation & Arbitration
Marc Flisfeder
Marc Flisfeder
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On December 17, 2013, the Government published Ontario Regulation 347/13, amending the Statutory Accident Benefits Schedule.  This Regulation will come into force on February 1, 2014. 

The changes will affect, among other things, the pre-existing condition provisions of the Minor Injury Guideline (MIG). These changes provide additional hurdles for injured plaintiffs seeking to obtain accident benefits.

The new regulation tightens up the requirements under Subsection 18(2) and 38(3)(c)(i)(B) to avoid the MIG.  Previously, the MIG did not apply if a health practitioner determined and provided compelling evidence that the injured person had a pre-existing medical condition that would prevent this person from achieving maximal medical recovery.  The new change requires the pre-existing medical condition to be documented by a health practitioner before the accident. Therefore, injured plaintiffs who do not have a doctor or failed to see a doctor for a condition will

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