Comparison of Key Changes to Tort from Bill 59 to Bill 198

April 1, 2005


Bill 59
(Nov. 1, 1996 to Sept. 30, 2003)
Bill 198
(Oct. 1, 2003 to present)
TORT CLAIM
Monetary Deductibles Claimant: $15,000 Family members: $7,500 Claimant: $30,000 (where claim assessed at $100,000 or less) Family members: $15,000 (where claim assessed at $50,000 or less)
“Threshold Test” To claim for pain and suffering, an accident victim must suffer a permanent serious impairment of animportant physical, mental or psychological function, or a permanent serious disfigurement. Key terms now defined:

  1. “Permanent serious impairment” must:
    1. substantially interfere with person’s ability to continue his or her usual employment despite reasonable attempts to accommodate the impairment;
    2. substantially interfere with the person’s ability to continue training for a career in the field in which the person was being trained before the incident, despite reasonable attempts to accommodate; or
    3. substantially interfere with most of the usual activities of daily living.
  2. To be an “important” function, the function impaired must:
    1. be necessary to perform the activities that are essential of the person’s usual employment, taking into account efforts to accommodate;
    2. be necessary to perform the activities that are essential tasks of the person’s training for a career in the field in which the person was being trained before the incident, despite reasonable attempts to accommodate;
    3. be necessary for the person to provide for his or her own care or well-being; or
    4. be important to the usual activities for daily living;
  3. For the impairment to be “permanent” it must:
    1. have been continuous since the incident and expected not to substantially improve;
    2. continue to meet the criteria in paragraph 1 above; and
    3. be of a nature that is expected to continue without substantial improvement when sustained be persons in similar circumstances.

Note: The Regulation also now prescribes the minimum evidence required to prove that the threshold has been meet by a claimant

Threshold for Suing for Excess Health Care Expenses Catastrophic impairment. Permanent serious impairment.

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