Ontario Government Tightens Up SABS

The Ontario Government filed amendments to the SABS to tighten up a number of provisions to clarify the policy intent.  The amendments are likely part of its Rate Reduction Strategy in that it provides the insurance industry with more cost certainty with regards to these provisions.  The amending regulation is Regulation 347/13 and comes into force on February 1, 2014.

1. Minor Injuries

The Government has clarified that a claimant who seeks an exemption to the $3,500 minor injury cap because of a pre-existing condition must provide medical documentation that precedes the accident date.

2. Attendant Care Benefits

The Government has made a clarification in cases where the attendant care benefit is based on the economic loss of the person who provides attendant care services to a claimant.  In these cases the amount of the benefit cannot exceed the actual income loss of that person.  This amendment reverses the impact of Henry v. Gore Mutual.

3. Weekly Benefit Election

The Government has made the election under section 35 final.  A claimant who qualifies for more than one of the income replacement, caregiver or non-earner benefits must choose one.  The claimant will no longer be able to elect to receive another benefit at a later date.