Important Decision for Catastrophic Injury Claimant

Derek Wilson Injury and Disability Law has secured another impactful legal win for accident victims in Ontario. In a recent case before the Licence Appeal Tribunal (LAT), Derek Wilson represented Mr. Dyer in his application under subsection 280(2) of the Insurance Act, RSO 1990, c I.8, which governs disputes over entitlement to statutory accident benefits.

The Case Against Economical Insurance Company

In the matter of Dyer v. Economical Insurance Company, the issue at hand was Mr. Dyer’s entitlement to income replacement benefits (IRBs) and whether he met the threshold for a catastrophic impairment under the Statutory Accident Benefits Schedule (SABS). Derek Wilson successfully demonstrated that Mr. Dyer had sustained catastrophic injuries and was entitled to both past and ongoing IRBs.

Reaffirmed on Reconsideration

The Respondent, Economical Insurance Company, sought a reconsideration of the Tribunal’s initial ruling. However, the LAT upheld its decision, confirming that Mr. Dyer did indeed qualify as catastrophically impaired and was owed income replacement benefits. This double affirmation reinforces the strength of the legal arguments and evidence presented on behalf of Mr. Dyer.

Legal Significance

This decision is a major step forward for claimants seeking fair treatment under Ontario’s accident benefits framework. It emphasizes the importance of proper representation in securing access to benefits and reinforces protections for those dealing with life-altering injuries.

Read the Full Decisions

• LAT Decision – Dyer v. Economical Insurance

• Reconsideration Decision – Dyer v. Economical Insurance