FSCO

News & Analysis as of

Retroactive Attendant Care Benefits

The recent decision in Kelly v. Guarantee Company of North America, FSCO A12-006663, (August 7, 2014), considered a claim for retroactive attendant care benefits under the Statutory Accident Benefits Schedule (SABS)....more

Is a FSCO Arbitration Backlog Developing?

Listening to the news about the cresting flood waters in Manitoba, I am reminded about the flood of accident benefit disputes making its way through Financial Services Commission of Ontario (FSCO)....more

The Importance of Settlement Authority at a Pre-Hearing

Arbitrator Wilson’s recent decision in Dabrowska and Aviva Canada [FSCO A13-007793] is a warning to Insurers attending Financial Services Commission of Ontario (FSCO) pre-hearings – always have authority!...more

Simser v. Aviva.

The Appeal decision in Simser v. Aviva (Appeal P13-00004) was recently released by the Financial Services Commission of Ontario (FSCO) on January 9, 2014. The appeal concerned clause 3(7)(e) of the Statutory Accident...more

Augustin v. Unifund – Definition of “medical reason” for the purposes of the Minor Injury Guideline

In the recent Financial Services Commission of Ontario (FSCO) decision Augustin v. Unifund (FSCO A12-000452, November 13, 2013), Arbitrator Sapin discusses what is considered a “medical reason” sufficient enough for an...more

Goodbye Consent Dismissal Orders

On October 22, 2013, Financial Services Commission of Ontario (“FSCO”) announced that the Dispute Resolution Practice Code is being amended effective November 1, 2013 to eliminate the issuing of Consent Dismissal Orders in...more

Insurer Examinations - Quinones v. Unifund

The recent FSCO decision in Quinones v. Unifund, (FSCO A12-000866, August 2, 2013), discusses the obligations placed on Insurers under s. 44(5) of the Statutory Accident Benefits Schedule (“the Schedule”) with regard to...more

Insurer's request for Neuropsychological Assessment is reasonably necessary and fair

Two recent decisions from FSCO have found that an Insurer’s request for a neuropsychological assessment is reasonably necessary and fair. The factors to consider in making this determination include...more

Renewable Energy Co-Operatives - Open for Business?

The FIT Rules provide that project proponents have a certain amount of time to build their projects to validate their contracts. There are also key milestones that must be met at various points during project development. In...more

A summary of proposed changes to the definition of Catastrophic Impairment

Anyone injured in an auto accident is entitled to claim accident benefits to help pay for expensive therapies, rehab, personal care, and related treatments. The ability to advance a claim depends entirely on the severity of...more

Proposed Changes to Catastrophic Impairment Definition - A Timeline

Winter 2010/11 - The Superintendent of the Financial Services Commission of Ontario (FSCO), on his own initiative struck a committee made up of hand-picked medical experts with the request that they make recommendations to...more

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