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ARTICLE · 14 DECEMBER 2020

Disputing The Minor Injury Guideline As A Standalone Issue

The Minor Injury Guideline (the "MIG") establishes a framework for the treatment of alleged minor injuries in a statutory accident benefits claim.

CanadaLitigation, Mediation & Arbitration

The Minor Injury Guideline (the "MIG") establishes a framework for the treatment of alleged minor injuries in a statutory accident benefits claim. Available medical and rehabilitation benefits for predominantly minor injuries is limited to $3,500.00. However, in certain situations, an accident victim may be removed from the MIG and have access to a maximum of $65,000.00.

Traditionally, it has been understood that disputing a MIG designation cannot be a standalone issue. In other words, the issue of MIG would be accompanied by denial of a specific benefit, such as a Treatment and Assessment Plan. The recent Licence Appeal Tribunal decision of TA and TD Insurance Meloche Monnex1 has, however, called this into question.

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