Kusnierz Decision on Catastrophic Impairments Overturned

Author(s): Darcy R. Merkur

February 1, 2012


At this time the superintendent of financial services at FSCO is in the process of submitting a report to the Minister of Finance on recommended changes to the definition of catastrophic impairment. In light of the Kusnierz appeal decision and the clear comments by the Ontario Court of Appeal relating to the issue of fairness, any proposal to expressly prevent combining physical and psychological impairments would be inappropriate.

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