The applicant brought this Application under rule 7.08(4) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 (the “Rules”) for Court approval of the proposed full and final settlement of his statutory accident benefits claim. Settlement of the corresponding tort claim was approved on September 27, 2022. For the reasons set out below, the application was granted, and the proposed settlement was approved.
On July 4, 2019, the applicant, who was born on May 18, 1964, was operating a motorcycle when he was struck by a school bus that had turned left across his path. At the time of the collision the applicant was 55 years of age and was a low income-earner. The applicant has not worked since the collision.
As a result of the collision, the applicant, sustained a severe traumatic brain injury; neurocognitive disorder secondary to traumatic brain injury; bilateral frontal subdural hematoma; left side forehead laceration; orbitofrontal syndrome; left wrist fracture of the distal radius and distal ulna; left knee open fracture of the patella and condyle; right ankle open fracture; T2 spinous fracture; liver laceration; left sacral ala fracture and anisocoria (unequal pupil size).
Following the collision , the applicant, was transported by ambulance to Sunnybrook Hospital (“Sunnybrook”) and was admitted to the Critical Care Unit. While at Sunnybrook he underwent numerous orthopedic surgeries. He remained at Sunnybrook until September 13, 2019 at which time he was transferred to the Toronto Rehabilitation Institute. He remained there until November 8, 2019. Timothy moved to the Adeline’s Lodge Retirement Home on November 8, 2019 and then on December 14, 2020 to the Millwood Retirement Home, where he currently resides.
On February 20, 2020, The applicant’s accident benefit insurer accepted that he had sustained a Catastrophic Impairment as defined in the Statutory Accident Benefits Schedule - Effective September 1, 2010, O.Reg. 34/10 (the “Schedule”). Based on this designation the combined maximum available limit under s. 18(3)(b) of the Schedule for medical, rehabilitation, and attendant case benefits is $1,000,000.
To read the full decision, please click below
Spicer v. Wawanesa Mutual Insurance Company, 2023 ONSC 3221
COURT FILE NO.: CV-23-00696097-0000
DATE: 20230621
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