UPDATE: The response to our third letter to the Civil Rules Committee in respect to the poor quality of the medical ‘expert’ evidence used in Ontario courts to deny auto insurance claims. Civil Rules Committee letter to R DesRoches – Feb 12 2018
February 2, 2018
To the attention of the Civil Rules Committee,
On September 5, 2017 and November 5, 2107 FAIR sent your office letters via email and regular post in respect to the poor quality of the medical evidence used in personal injury civil suits in Ontario. We have not yet received an acknowledgement of your receipt of our correspondence.
Assuming that the Rules Committee takes an interest in the over 58,000 auto insurance related cases on the docket in Ontario courts and thousands more at the Financial Services and the Licensed Appeal Tribunal I thought it important that you be aware of how ineffective rules or rules broken without consequences is playing out in our courts and in the media.
Insurer’s father-daughter psychology team blasted for dodgy testing of severely hurt motorcyclist http://nationalpost.com/news/canada/insurers-father-daughter-psychology-team-blasted-for-dodgy-testing-of-severely-hurt-motorcyclist
Licensed to bill: How doctors profit from injury assessments that benefit insurers https://www.theglobeandmail.com/news/investigations/doctors-insurance-independent-medical-examinations/article37141790/
Insurance assessment firms altered, ghostwrote accident victim reports https://www.theglobeandmail.com/news/investigations/insurance-assessment-firms-altered-ghostwrote-accident-victim-reports/article37193127/
Attached is a list of some of the medical ‘experts’ associated with these articles and the comments we have on our website in respect to the adverse comments made by past triers-of-fact. Surely these experts shouldn’t be welcomed in our courts after such demonstrations of bias and or incompetence while ‘assisting’ the court.
We look forward to hearing back from your office about what action you might take to protect the integrity of Ontario’s courts.
FAIR, Board Chair
Lawson, Kerry, Psychologist http://www.fairassociation.ca/wp-content/uploads/2017/11/Lawson-Kerry-Psychologist1.pdf
Dr. Anthony Graham
DUTY OF EXPERT
Rules of Civil Procedure 4.1.01 (1) It is the duty of every expert engaged by or on behalf of a party to provide evidence in relation to a proceeding under these rules,
(a) to provide opinion evidence that is fair, objective and non-partisan;
(b) to provide opinion evidence that is related only to matters that are within the expert’s area of expertise; and
(c) to provide such additional assistance as the court may reasonably require to determine a matter in issue.
(2) The duty in subrule (1) prevails over any obligation owed by the expert to the party by whom or on whose behalf he or she is engaged.