Surveillance: it does not have to be perfect *

Canada - August 29 2012
For many insurers and defence lawyers, the ultimate defence in a personal injury action is catching an allegedly injured plaintiff doing activities through surveillance that that individual either has denied being able to do or simply should not be doing given the individual’s alleged limitations.

Kusnierz v. Economical Mutual Insurance Company (Ontario Court of Appeal decision – released on December 23, 2011) *

Canada - January 4 2012
On December 23, 2011, the Ontario Court of Appeal brought clarity to the long debated issue of how catastrophic impairments should be determined for seriously injured individuals whose injuries do not fall under one of the six “specific” categories under subsection 2(1.1) of the Statutory Accident Benefits Schedule – Accidents on or after November 1, 1996 3 (“SABS”).