The Insurance Institute of Canada Ontario Automobile Insurance

The Insurance Institute of Canadawww.insuranceinstitute.caOntario Automobile InsuranceTextbook Addendum—November 2010(To be used with the 2010 edition.)Study 2, Page 13, replace Section 267.5 subsection (1) of the Insurance Act as follows:(1) Despite any other Act and subject to subsection (6), the owner of anautomobile, the occupants of an automobile and any person present at theincident are not liable in an action in Ontario for the following damages forincome loss and loss of earning capacity from bodily injury or death arisingdirectly or indirectly from the use or operation of the automobile:1. Damages for income loss suffered in the seven days after the incident.2. Damages for income loss suffered more than seven days after theincident and before the trial of the action in excess of… … … 70 percent of the amount of gross income lost during that period, as determinedin accordance with the regulations… … ….3. Damages for loss of earning capacity suffered after the incident andbefore the trial of the action in excess of… … … 70 per cent of the loss ofearning capacity during that period, as determined in accordance withthe regulations… … ...Study 2, Page 14, replace the paragraph opposite the margin heading Right to sue—economicloss as follows:On the economic loss side, there is a right to sue without the need to meet athreshold for all types of economic loss, but recovery from tortfeasors for loss ofincome and loss of earning capacity (both as determined by regulation) is limitedto 70% of gross income loss suffered more than 7 days after the accident and upto the date of trial. Post trial, recovery for future losses is on a 100% grossincome basis.Study 2, page 15, replace Subsection (10) of the Act opposite the margin heading Liability ofother persons as follows:(10) Subsections (1), (3) and (5) do not relieve any person from liability otherthan a protected defendant.Study 2, page 15, replace the paragraph following the Definition box as follows:

This section clearly states that only the persons identified in Subsection 267.5(1), (3), and (5) of the Act (quoted earlier) are protected against suits. Any otherpersons found liable would still be held accountable.