Key Legal Victory: Nick de Koning Wins Landmark Case on Statutory Accident Benefits

August 16, 2024, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

In a significant development for statutory accident benefits in Ontario, Nick de Koning, a partner at Deutschmann Personal Injury Law, has achieved a notable victory before the Ontario Court of Appeal (OCA). The case, Morrissey v. Wawanesa Insurance Company, clarifies important aspects of the law related to attendant care benefits, particularly for those with catastrophic injuries.

The Morrissey case addressed the interpretation of the Statutory Accident Benefits Schedule (SABS), focusing on attendant care benefits. The key issue was whether an injured person needed to prove they had paid for professional attendant care services to qualify for these benefits.

The Ontario Court of Appeal ruled that individuals with catastrophic injuries, who were injured before 2010, are entitled to attendant care benefits if they need assistance, regardless of whether they have paid or are obligated to pay for the services. This decision overturns the previous requirement that attendant care expenses were only considered "incurred" if there was proof of payment to a professional.

Additionally, the court removed the stringent requirements for retroactively applying the attendant care form, allowing individuals to submit this form at any time. This change addresses previous procedural hurdles and makes it easier for claimants to access the benefits they need.

Impact of the Morrissey Ruling

The OCA's decision has important implications for those affected by statutory accident benefits. It clarifies that proving payment for professional care is not necessary for receiving attendant care benefits, providing relief for individuals who may not have the financial means to pay for such services but still require assistance.

This ruling is particularly relevant for people injured before the 2010 legislative changes, which had set stricter definitions of "incurred" expenses. By simplifying the process for accessing benefits, the decision aligns better with the actual needs of individuals with catastrophic injuries.

Nick de Koning’s success in this case highlights his skill in handling complex legal issues and his commitment to advocating for fair treatment. This victory not only benefits his clients but also sets a precedent that could influence future cases related to statutory accident benefits.

New Role at Deutschmann Law for Nick de Koning

Nick de Koning is a well-regarded lawyer specializing in personal injury law, with over 20 years of experience in Ontario, especially in the Waterloo region. He began his career with a degree in economics from the University of Waterloo, followed by law school at Western University. After working at Miller Thomson and becoming a partner there, Nick joined Deutschmann Law in 2018 and became partner in 2024.

Nick's expertise is widely recognized, with his work featured in various decisions across legal bodies such as the Superior Court of Justice and the Financial Services Commission of Ontario. His dedication to his clients and the legal field is evident in his extensive involvement in cases that influence the interpretation of personal injury law.

Nick de Koning's new role as partner will allow him to further influence the firm’s direction and continue providing top-notch legal services. Deutschmann Law, known for its focus on personal injury and disability law, serves clients across Southwestern Ontario in various types of cases, including motor vehicle accidents, slip and fall incidents, and long-term disability claims.

Outside of his professional work, Nick is actively involved in community initiatives and supports local organizations, demonstrating his commitment to making a positive impact beyond his legal practice.

You can read the entire ruling here.

This victory solidifies Nick de Koning and Deutschmann Personal Injury Law's position as a leading personal injury law firm in Ontario. Congratulations Nick!

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

It is important that you review your accident benefit file with one of our experienced personal injury / car accident lawyers to ensure that you obtain access to all your benefits which include, but are limited to, things like physiotherapy, income replacement benefits, vocational retraining and home modifications.