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ARTICLE · 07 DECEMBER 2016

Recent Changes To The "Catastrophic Impairment" Definition And Their Impact On Severely Injured Accident Victims

Sweeping changes were recently made to the definition of "catastrophic impairment" in Ontario's Statutory Accident Benefits Schedule.

CanadaLitigation, Mediation & Arbitration
Howie, Sacks & Henry
Howie, Sacks & Henry
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Sweeping changes were recently made to the definition of "catastrophic impairment" in Ontario's Statutory Accident Benefits Schedule.  On June 1, 2016, drastic changes were made that will have significant implications for motor vehicle accident victims. Those most impacted by the recent changes are those who face significant life-altering injuries, such as severe brain damage and spinal cord injuries.

Two of the most substantial changes include: the narrowing of the definition of catastrophic impairment ("CAT") and benefits being decreased by 50% for these individuals.

The changes to the definition of CAT and the accompanying new rigid requirements for a CAT designation will undoubtedly complicate the CAT determination process.  The changes are expected to effectively reduce the number of individuals that will qualify for CAT benefits.

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