Are Accident Victims ‘Collateral Damage' In Collateral Benefits Changes?

There is never a good time to be seriously injured in a motor vehicle accident, but with recent changes, it has become worse for people in Ontario.

Twice in the last decade, the Ontario government has reduced the maximum coverage in some categories of no-fault benefits in the Statutory Accident Benefits Schedule (SABS). The government may have had good intentions - trying to reduce car insurance premiums and the incidence of frivolous lawsuits - but this has come at a great cost for accident victims.

Many plaintiffs will have access to other sources of collateral benefits beyond the minimum requirement for automobile insurance under the SABS. This can include employer-paid policies, private health insurance policies or other such benefits.

Although collateral benefits can increase a plaintiff's access to medical and other healthcare services, defendants are entitled to receive a credit for these benefits. Collateral benefits already received by the plaintiff are entitled to be deducted from tort awards in these cases, and a defendant is entitled to take an assignment of future...