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After previous attempts failed, British Columbia is clearly now the latest health care cost recovery jurisdiction

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • February 20 2009

The common law of damages in British Columbia is, generally speaking, that a plaintiff injured by the wrongful conduct of a negligent party can only recover for his or her actual loss

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

  • Borden Ladner Gervais LLP
  • -
  • 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”