Catherine H. Zingg, Flaherty Dow Elliott & McCarthy

PART I: THE NEW STATUTORY ACCIDENT BENEFITS SCHEDULE (SABS)
Understanding the compensation system in light of the newSABS, with emphasis on the following seven key aspects:

• The application and implication of transitional rules (sections 2 and 68)
• “Old SABs never die, they just fade away” -- continuing relevance of the old SABS and determining which regime you fall under
• Calculation of income replacement benefits

Optional Benefits, Including the New Tort Regulation (Ont. Reg. 664)

Lee Samis, Samis & Company

• The range of new deductibles available to insureds
• General damages and Family Law Act awards
• The different levels of IRBs, attendant care and medical rehab
• The right to reduce insurance deductibles

The Changed Definition of “Incurred” Expenses and Its Practical Implications

Leilah Edroos, Brown & Korte Barristers

• Has anything really changed under the new SABS?
• Delayed payments and deeming expenses to be incurred
• Practical significance of the class of service provider (professional vs. family member)
• Which expenses need to be incurred to be payable?
• Has there been a change in quantum entitlement?

• Recent interpretation of the definition of catastrophic impairment
• The expanded definition
• Having an injury deemed “catastrophic” in order to preserve the level of applicable benefits
• “Whole person” impairment

Key Procedural Issues/Changes: Their Impact on FSCO Arbitrations

David B. Hayward, Martin Hillyer

• Litigating the application of the MIG and the $3,500 cap
• Proof required for incurred expenses

Working With the Minor Injury Guideline

Dr. Arthur Ameis, MD
Harry P. Brown, Brown & Korte Barristers

• Which injuries are characterized as “minor”?
• A medical perspective on the definition of minor injuries
• Inability under the Guideline to claim certain benefits
• Pre-existing injuries as an exception to the $3,500 cap

Priority Problems Between Insurers

Mark K. Donaldson, Dutton Brock LLP

• A review of recent arbitral and judicial decisions concerning Regulation 3(2) and the 90-day exception
• What constitutes a reasonable investigation of priority?
• What is the scope of the arbitrator’s powers, including recourse to equity?

• Purpose and scope of the pre-arbitration hearing
• Working with the relevant sections of the Dispute Resolution Practice Code
• Production of documents: scope and practice
• Crystallizing the issues effectively
• Face-to-face or telephone pre-arbs? Look ‘em in the eye?
• Making the most of settlement opportunities
• When to ask for costs and when they may be awarded
• Combining/severing applications
• Inviting the tortfeasor to the party -- a new initiative

• The hearing as an expeditious and inexpensive alternative to settlement
• Disclosure practices and document exchange
• Disclosure of surveillance
• How many experts can or should be called?
• Impact of lay witnesses
• Judging when enough is enough, or, overcoming the fear of being efficient
• Evidentiary considerations in deciding to proceed in court or by way of FSCO

• How to conduct an expense hearing and what to expect
• Working with relevant sections of the Dispute Resolution Practice Code
• The impact of relevant case law
• What constitutes a valid settlement offer?
• A checklist of strategic and tactical considerations
• Do costs determine everything?

A survey of the decisions you need to know about, in areas including criteria for special awards (even where no arbitration is in process).

Note: A refreshment break will be taken during the afternoon session.