The Government of Ontario announced in the 2015 budget that it
intends to amend the Insurance Act and its regulations as
to change the standard deductible for comprehensive coverage to
$500 from $300;
to change the standard benefit level for medical and
rehabilitation benefits to $65,000 (from $50,000) and include
attendant care services under this benefit limit, with an option to
increase that coverage up to $1 million;
to include attendant care services with the $1 million medical
and rehabilitation benefit for catastrophic impairments, and to
provide the option for additional coverage for $2 million in total
to reduce the standard duration of medical and rehabilitation
benefits from 10 years to 5 years for all claimants except
to eliminate the 6-month waiting period for non-earner benefits
and limit the duration of non-earner benefits to 2 years after the
to require goods and services not explicitly listed in the
Statutory Accident Benefits Schedule (SABS) to be
"essential" and agreed on by the insurer;
to amend the "catastrophic impairment" definition to
reflect current medical information;
to adjust the deductible on court awards for non-pecuniary
damages to reflect inflation and link this deductible to future
changes in inflation;
to adjust the dollar thresholds beyond which the tort
deductible does not apply to reflect inflation and link these
thresholds to future changes in inflation; and
to allow for the tort deductible to be taken into account when
determining a party's entitlement to costs in an action for
damages from bodily injury or death arising from an automobile
In addition, the Government intends to implement the following
changes to auto insurance:
the maximum interest rate charged on monthly auto insurance
premium payments will be decreased to 1.3% from 3%;
premium increases for minor at-fault accidents that meet
certain criteria will be prohibited (such as no reported injuries);
all insurers will be required to offer a discount for the use
of winter tires.
Further to the passing in November 2014 of the Fighting
Fraud and Reducing Automobile Insurance Rates Act,
2014, responsibility for the auto insurance Dispute
Resolution System (DRS) will be moved to the Ministry of the
Attorney General's Licence Appeal Tribunal. The DRS will begin
accepting disputes on April 1, 2016.
Modernization of Insurance System
The Government of Ontario intends to modernize insurance
regulation by repealing outdated legislation such as the Marine
Review of Financial Services Regulators
The Government of Ontario will review the mandate of key
financial services regulators, including the Financial Services
Commission of Ontario and the Financial Services Tribunal. It has
appointed a three-person panel which will be holding consultations
in the spring of 2015. This panel is expected to deliver
recommendations by early winter 2016. The review will focus on
"ensuring that regulatory activities are carried out in the
most appropriate and efficient manner, reflecting the complexity of
this important sector" and "ensuring that the mandates of
each agency remain flexible in a changing environment."
The Government also proposes to make technical changes to the
Financial Services Commission of Ontario Act, 1997, and
related legislation to improve administrative clarity and
Under B.C.'s former and current Limitation Act, the limitation period for a Plaintiff's claim can be extended on the basis of a Defendant having acknowledged in writing some liability for the cause of action.
Automobile drivers, like fine wine, tend to get better with age. Older drivers can draw on a wealth of experience from their years on the road to assist them when faced by a variety of dangerous conditions.
The insurance industry will be interested in Ledcor Construction Ltd v. Northbridge Indemnity Insurance Co because of principles the Supreme Court of Canada applied to the "faulty workmanship" exclusion in a Builders' Risk policy.
For the first time in BC, a Court has decided that an insured is entitled to special costs, rather than the lower tariff costs, solely because they were successful in a coverage action against their insurer.
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