Hope for the Catastrophically Injured – Pastore

On behalf of the Team of Bergeron Clifford LLP posted in Catastrophic Injury on September 28, 2012

The Ontario Court of Appeal has released its long-awaited decision in Pastore.

To make a long story (decision) short, the Court of Appeal confirms that accident victims suffering a marked impairment in activities of daily living due to mental or behavioural disorder qualify for extended accident benefits from their own insurer.

Anna Pastore was a pedestrian when she was run down by a car in 2002. She sustained a serious ankle fracture and was in excruciating pain. An independent Designated Assessment Centre set up by the Province of Ontario found that she had sustained catastrophic injury. Her insurance company, Aviva Canada Inc, wasn’t content to accept that finding and took Anna through seven different levels of adjudication (including the DAC) trying to find a way to prevent her from collecting the accident benefits payable for catastrophic injury.

A decade after she was run down, the Ontario Court of Appeal has put an end to Aviva’s long run of attempts to do an end run on its obligation to Anna Pastore.

The Pastore decision is a breath of hope for individuals suffering from chronic pain caused by car accidents.

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