Ontario Court of Appeals Gives Clarity to “Catastrophic Impairment”
The Ontario Court of Appeals recently clarified the meaning of “catastrophic impairment” under Ontario’s Insurance Act.
In Pastore v. Aviva Canada Inc., Mrs. Anna Pastore was a pedestrian who suffered a lot of pain because a car hit her. Mrs. Pastore applied for enhanced accident benefits due to her catastrophic impairment. Her insurance company, Aviva Canada Inc., argued they did not have to pay her enhanced benefits because her injuries did not meet the definition of “catastrophic impairment.”
The Ontario Court of Appeals said that accident victims can have an injury qualified as a “catastrophic impairment” if it was due to by a mental disorder that caused a “marked or extreme functional impairment” in one of the following:
(1) Activities of daily living;
(2) Social functioning;
(3) Concentration consistence, and pace; or
(4) Deterioration or decomposition in work or work-like settings.
Here is a link to the decision: Pastore v. Aviva Canada Inc.