Ontario’s superintendent of financial services should review the use of the verbal threshold for establishing serious and permanent injury and/or the use of a Cdn$30,000 deductible to discourage plaintiffs from pursuing smaller auto negligence claims, according to the summary of findings in the Civil Justice Reform Project.
The author of the Civil Justice Reform report, former associate Chief Justice of Ontario Coulter Osborne, released his findings in November 2007. Smaller auto negligence claims represent 21% of the province’s Superior Court of Justice claims, Osborne noted.
In his report, Osborne noted Ontario’s Bill 198 amendments to the Insurance Act in 1996, as well as its associated regulations, are intended to minimize smaller auto negligence claims.
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