Accident Benefits: What’s New? What’s Important? 2022

8:45 a.m.
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9:00 a.m.
Chairs’ Introductory Remarks

9:10 a.m.
Most Important AB‑Related Cases Over the Previous 12 Months

H. Jason Hickman, Laxton Glass LLP
Aleksa Pace, Pace Law Firm

This always-popular annual session will bring you up to speed on important recent tribunal and court decisions involving ABs, assessing their impact on your current and future practice.

10:00 a.m.
Assessing Physical Impairments in a CAT Claim

Dr. Lisa Becker, Omega Medical Associates
Cara Boddy, Evans, Philp LLP

Evaluating and determining physical impairments in a CAT claim can be complex and challenging not only because of their inherent complexity, but because of the different professional disciplines inhabited by counsel and physician experts, and the potential for mutual misunderstanding.
While each may know the basics about the other’s criteria and concerns, there can be barriers or knowledge gaps which may complicate and confuse matters. This session will aim to dispel the confusion in key areas:
• How do medical experts conduct a proper analysis and determination of CAT impairment?
• What guidance is provided by the leading LAT decisions in this area?
• How counsel can translate medical analysis into useful legal positions and advocacy
• Testing in Chapter 3 of the AMA guides
• Is permanency a factor in utilizing the ASIA Impairment Scale?
• Assessments under the Spinal Cord Independence Measure
• The impact of other chapters in the AMA guides and the difficulty in avoiding double counting

10:45 a.m.
Break

11:00 a.m.
LAT Practice from the Adjudicator’s Perspective

Dr. Karina Kowal, MD, Former LAT Adjudicator, Mediator – Medicolegal Resolutions
Dr. Eleanor White, DC, Mediator, E.F. White Mediation

Accident benefits adjudication at the LAT is a unique and dynamic administrative hearing environment. Join two former LAT adjudicators who have experienced it from the decision‑making side, and take a candid look at current practices and trends at the tribunal as well as potential new
developments that could affect your practice, including:
• What is working? What can be improved upon?
• Measures to address rising caseloads and improve efficiencies
• Advocacy do’s and don’ts: civility, refraining from sharp practice, and more
• How adjudicators think about reconsiderations
• Analyzing key tribunal information and statistics, and the impact on case strategy and outcomes
• Best practices at the LAT, at a case conference, and at a written hearing

11:50 a.m.
Lunch

12:30 p.m.
Attendant Care Benefits: Everything You Need to Know

Nathalie V. Rosenthall
Zarek Taylor, Grossman Hanrahan LLP

Under SABS, Attendant Care Benefits (ACBs) allow injured accident victims to receive compensation for all reasonable and necessary expenses resulting from an accident for services provided by an aide or attendant or long‑term facility. In this session, we will discuss some crucial details you need to know about ACBs in day‑to‑day practice, including:
• Is HST part of the benefit limit or payable above the limit? An analysis of the Dominion of Canada General Insurance Company v. Ridi decision
• Are ACBs payable in accordance with the Form 1 or in a breakdown of all docketing time? The impact of the LAT decision in Malitskiy v. Unica
• The latest case law on entitlement, payments, and incurred expense/economic loss

1:15 p.m.
Quick Hits on Key Current Issues in AB

Fabio Longo, Longo Lawyers
Receive critical updates in three important issues in the AB field:
• Special awards and “deemed incurred” benefits and expenses

Trevor R. Guy, Counsel, Legal Services Unit, Tribunals Ontario, Ministry of the Attorney General (Ontario)
• Reconsiderations, appeals, judicial review, and the Yatar v. TD Insurance Meloche Monnex decision

Kevin Griffiths Evans, Philp LLP
• The latest on exclusions under section 31 of SABS

2:00 p.m.
Wellness Break

2:15 p.m.
Mediating Accident Benefits

Ivan Luxenberg, Malach Fidler Sugar + Luxenberg LLP
Alexander M. Voudouris, Senior Litigator, Pace Law Firm

Practitioners must be familiar with both the written and unwritten rules when conducting AB mediations. There are hard facts as well as important soft skills that you must harness for effective advocacy in this forum. The panel will offer helpful guidance and best practices, including:
• Strategies and tactics that work, and more importantly, which ones don’t work
• Is alarm, charm, and disarm still a valid method of mediating?
• The benefits and detriments of combining Torts and AB claims in an AB‑specific mediation
• What are the practical implications of having authority to settle and negotiating in good faith?

3:15 p.m.
Ethical and Professional Issues in Accident Benefits (full hour of professionalism)

Frank Benedetto, Flaherty McCarthy LLP
Laura Emmett, Strigberger Brown Armstrong LLP
Charles Gluckstein, Gluckstein Personal Injury Lawyers

An expert panel will examine realistic fact situations, addressing professional challenges you will sooner or later face in your AB practice. The emphasis will be on considerations that should guide lawyers and paralegals in meeting their professional obligations while effectively advocating for clients.

4:15 p.m.
Program Ends