A Catastrophic Upheaval – Kusnierz Decision Challenges Desbiens Ruling

Author(s): Darcy R. Merkur

September 1, 2011


Following the decision in Kusnierz v. Economical Mutual Insurance Co., 2010 ONSC 5749 (S.C.J.), the rules for calculating whole person impairment (WPI) ratings in accordance with the definition of “catastrophic impairment” in the Ontario Statutory Accident Benefits Schedule (SABS) are now up in the air.

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