Motor Vehicle Litigation, The Only Constant Is Change

Previously published in Ontario Bar Association, Civil Litigation Section Newsletter, Vol 12, No. 2

As practitioners of personal injury litigation in Ontario will be aware, the Insurance Act provisions and associated regulations governing motor vehicle litigation have been amended several times since 1990.

The former provincial Progressive Conservative government introduced yet another set of amendments recently. Most of the amendments are applicable to claims arising from motor vehicle collisions occurring on or after October 1, 2003.

The amendments include the following:

the "deductible" from a non-pecuniary damage award has been increased from $15,000.00 to $30,000.00 for an injured person and from $7,500.00 to $15,000.00 for a Family Law Act claimant (O. Reg. 312/03); the above-noted deductibles have been eliminated for damage awards exceeding $100,000.00 for injured persons and exceeding $50,000.00 for Family Law Act claimants (s.120(4)of S.O. 2002, c.22); the "threshold;' for entitlement to non-pecuniary damages (and, now, healthcare expenses) has been further codified. The phrasing of the...