Shanoff’s public service

Re “Ontario insurers leave catastrophically injured at risk” (Jan. 8 ): Alan Shanoff did a public service by commenting on the Court of Appeal’s decision in Kusnierz v. Economical. The Insurance Bureau of Canada suggested in its letter to the editor (Jan. 15) that a review of the CAT impairment designation is underway which will “resolve any uncertainty.” From the perspective of the Ontario Trial Lawyers Association any uncertainty has now been resolved by the Court. The “uncertainty” — whether physical and psychological impairments should be combined in determining the overall impairment of an individual — was resolved in favour of combining those types of impairments. For Mr. Kusnierz, whose leg was amputated, it meant that when assessing the impairment of his entire person, it was appropriate to look at both the physical impairment from the loss of his leg and the psychological impact of that injury. In our experience, no one is startled to learn that this should be the approach. The suggestion that Shanoff is fighting for a generous system that “ensures the legal community will make money” is unfair and unfortunate. Surely Mr. Kusnierz and people like him injured in car crashes would agree that this case was about ensuring the most seriously injured in our society receive the accident benefits they require. To take a swipe at Shanoff and the lawyers who help the injured recover their accident benefits from their insurers was unnecessary and inappropriate.

Andrew Murray

President-elect, Ontario Trial Lawyers Association

(It should have been obvious to the insurer that Mr. Kusnierz’s injuries were catastrophic)


_{Source: torontosun.com/2012/01/20/letters-to-the-editor-jan-22}