O. Reg. 290/10: COURT PROCEEDINGS FOR AUTOMOBILE ACCIDENTS THAT OCCUR ON OR AFTER NOVEMBER 1, 1996


Published: 2010-07-14

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ontario regulation 290/10

made under the

Insurance Act

Made: July 13, 2010
Filed: July 14, 2010
Published on e-Laws: July 15, 2010
Printed in The Ontario Gazette: July 31, 2010


Amending O. Reg. 461/96

(Court Proceedings for Automobile Accidents that Occur on or after November 1, 1996)

1. (1) Subsection 4 (1) of Ontario Regulation 461/96 is amended by striking out “paragraph 2” and substituting “subparagraph 2 i”.

(2) Subsection 4 (6) of the Regulation is amended by striking out “paragraph 3” and substituting “subparagraph 3 i”.

2. The Regulation is amended by adding the following section:

Determination of Gross Income Loss and Loss of Earning Capacity

4.0.1 (1) For the purposes of subparagraph 2 ii of subsection 267.5 (1) of the Act, the amount of gross income that is lost is determined as follows for each week in the period:

1. Determine the sum of,

i. the amount, if any, by which the sum of the insured person’s gross weekly employment income and weekly income from self-employment exceeds the amount of the insured person’s weekly loss from self-employment, and

ii. the amount of the insured person’s weekly loss from self-employment that he or she incurs as a result of the accident.

2. From the amount determined under paragraph 1, deduct the sum of the following amounts to determine the amount of gross income that is lost for each week in the period:

i. Any gross employment income received by the insured person as a result of being employed during the week.

ii. Any income from self-employment earned by the insured person during the week.

(2) For the purposes of subsection (1), the amount of an insured person’s gross weekly employment income, weekly income from self-employment, weekly loss from self-employment, gross employment income and income from self-employment is determined in accordance with section 4 of Ontario Regulation 34/10 (Statutory Accident Benefits Schedule — Effective September 1, 2010), made under the Act.

(3) For the purposes of subparagraph 3 ii of subsection 267.5 (1) of the Act, a person’s loss of earning capacity for a period is determined in the same manner as it would be determined by a court if this Regulation had not been made.

3. (1) Section 5.2 of the Regulation is amended by adding “and before September 1, 2010” at the end of the portion before paragraph 1.

(2) Section 5.2 of the Regulation is amended by adding the following subsection:

(2) For the purposes of paragraph 2 of subsection 267.8 (1), paragraph 2 of subsection 267.8 (9) and subclause 267.8 (12) (a) (ii) of the Act, payments in respect of an incident for income loss or loss of earning capacity under an income continuation benefit plan are deemed to include, if the incident occurs on or after September 1, 2010, the payments for loss of income under an income continuation benefit plan described in clause 3 (7) (d) of Ontario Regulation 34/10 (Statutory Accident Benefits Schedule — Effective September 1, 2010), made under the Act.

4. This Regulation comes into force on the later of September 1, 2010 and the day it is filed.