ARTICLE
11 July 2012

Proposed Changes To Catastrophic Impairment Definition - A Timeline

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Lerners LLP

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Lerners LLP is one of Southwestern Ontario’s largest law firms with offices in London, Toronto, Waterloo Region, and Strathroy. Ours is a history of over 90 years of successful client service and representation. Today we are more than 140 exceptionally skilled lawyers with abundant experience in litigation and dispute resolution(including class actions, appeals, and arbitration/mediation,) corporate/commercial law, health law, insurance law, real estate, employment law, personal injury and family law.
Winter 2010/11 - The Superintendent of the Financial Services Commission of Ontario (FSCO), on his own initiative struck a committee made up of hand-picked medical experts.
Canada Litigation, Mediation & Arbitration

Winter 2010/11 - The Superintendent of the Financial Services Commission of Ontario (FSCO), on his own initiative struck a committee made up of hand-picked medical experts with the request that they make recommendations to change the longstanding definition applied to injured car crash victims who sought the CAT impairment definition.

Spring 2011 - The Expert Panel released its report, which, if implemented, would dramatically restrict the number of people who would meet the test for CAT impairment. May 2011 was established as the deadline for any submissions to FSCO commenting on the Expert Panel's report.

December 2011 - The Superintendent of FSCO prepared a private report to the Minister of Finance, outlining his recommended changes. The Minister did not release this report to the public or other legislators.

March 2012 - The government buries a short paragraph in the spring austerity budget promising to move forward with changes to the CAT impairment definition. The Superintendent's report is still not released to the public.

April 2012 - Standing Committee struck to consult and consider auto insurance in Ontario, including the adequacy of the CAT impairment definition.

June 2012 - in response to growing public pressure, the Superintendent's report is finally released - largely mirroring the recommendations from the Expert Panel's report. Finance Minister Dwight Duncan promises further consultation, but the reality is that a change in the definition of CAT impairment is a regulatory change which can be made over the summer by the cabinet, as an order-in-council.

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