Ontario legal information · Ottawa and Eastern Ontario
What the page should help you decide
Pastore addressed marked impairment under an earlier regulatory scheme and remains instructive about legal interpretation.2
It should never be presented as a shortcut to current catastrophic designation or as a prediction of result.
Keep the legal question, insurance route and next practical step distinct.
Legal question
Medical assessors evaluate the applicable criteria using prescribed methods.
Coverage or process
The insurer decides the application in the first instance.
Practical step
Disputed entitlement may proceed to LAT under the current rules.
Build the answer from records another person can check.
Accident date and governing regulatory version.
Diagnosis, treatment, prognosis and standardized assessments.
Self-care, supervision, mobility, cognition and daily participation.
OCF-19, assessor records, insurer examinations and decision reasons.
Protect the next real date.
Some criteria require defined waiting periods or a stable record.3
Funding and dispute dates still need active management while assessment develops.
How a personal injury lawyer may use this information.
General information explains the framework. Legal advice should connect that framework to the event, the people and insurers involved, the available records and the deadlines in the individual claim.
- Choose the correct SABS version
- Identify the possible criteria
- Coordinate qualified assessments
- Avoid overstating an old precedent
Not every file requires every step or legal representation. The work should respond to the actual dispute, evidence gap or decision that is approaching.
Sources and legal references
These official sources provide the legal and procedural foundation for this page. Their current wording and the facts of the claim control.
View 3 sources
- Pastore v. Aviva Canada Inc., 2012 ONCA 642
An Ontario Court of Appeal decision concerning catastrophic impairment under an earlier SABS wording.
Back to footnote ↑ - Ontario — Statutory Accident Benefits Schedule
Current Ontario automobile accident-benefit rules.
Back to footnote ↑ - Tribunals Ontario — LAT-AABS
Official rules, forms and decisions for accident-benefit disputes.
Back to footnote ↑