The new Statutory Accident Benefits Schedule (Ontario Reg. 34/10) raises complex questions – both procedural and strategic – for all personal injury lawyers involved with accident benefits issues. To what extent does the new SABS actually restrict or reduce the medical and rehab benefits available to insureds involved in MVA accidents after September 1, 2010? What decisions and processes are open to them to best protect their remaining entitlements? How will the new treatment and assessment plans work? What impact will the changed definitions of “incurred” expenses and catastrophic injury have on the strategies and tactics adopted by both insureds’ and insurers’ counsel?

Originally held on September 17, 2010, this annual case update is now available for purchase either as a video stream with downloadable link to materials; or on CD-Rom (audio archive with program materials).

Knowing the answers will be critical to your success in this practice area. The same is true for understanding the range of strategic and tactical considerations to bear in mind when deciding whether or not to pursue arbitration of MVA injury claims at the Financial Services Commission of Ontario (FSCO), or when counselling one’s client through the arbitral process. Indeed, some counsel argue that unfamiliarity with FSCO’s processes results in its still being an underutilized resource, one that can result in quicker, more efficient dispute resolution in the right cases. Savvy counsel recognize the importance of accurate, up-to-date knowledge of these processes in order to be truly in command of all options and resources available to assist their clients.

This Osgoode Professional Development program is a must-attend event for lawyers practising in accident benefits and tort, clearly summarizing where the law is and where it’s going under the new SABS. Tort lawyers will gain invaluable knowledge of what’s available to their clients by way of accident benefits. Defence counsel will gain or solidify their knowledge of the range of available deductions from tort damages. All attendees will benefit from insights straight from FSCO arbitrators, a physician with comprehensive experience in MVA cases, and distinguished practitioners (from both the plaintiffs’ and defendants’ sides).

Chair

Catherine H. Zingg, Flaherty Dow Elliott & McCarthy

OPD Program Lawyer

Paul Truster

ptruster@osgoode.yorku.ca