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Latest News Articles

September 11, 2018

by Admin2

Expert witness battles dragging out personal injury trials

“A personal injury trial in British Columbia usually takes about a week, while in the United States they are done in three to four days,” says Rastin, managing partner with Rastin & Associates “In Ontario, it can take three to six weeks, which is a considerable cost for everyone involved.” 
 
https://www.advocatedaily.com/steve-rastin-expert-witness-battles-dragging-out-personal-injury-trials.html
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Alleging that Insurer Is Trying to Bolster its Denial for a Hearing is Not Sufficient Reason for Refusing an Insurer Examination: LAT Decision 17-002973 

Section 44(1) of the Statutory Accident Benefits Schedule provides insurers with the right to require parties to attend insurer examinations (IEs) so as to determine initial and continuing entitlement to benefits. This right is, however, limited to what is “reasonably necessary”. In 17-002973 v Aviva Insurance Company, the applicant was injured in a motor vehicle accident on March 31, 2016, when her parked vehicle was struck by another motor vehicle. 
 
http://ztgh.com/resources/blog/alleging-that-insurer-trying-to-bolster-its-denial-for-a-hearing-is-not-sufficient-reason-for-refusing-and-insurer-examination-lat-decision-17-002973-by-hesam-motevalli
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Treatment financing critical when insurance benefits denied

Plaintiff lawyers do not like to see financing costs enter into the settlement equation if they can be avoided — but in the current litigation environment, third-party financing is an inevitable reality in many personal injury cases, including financing for medical and rehabilitation related treatment expenses, says Stephen Pauwels, co-founder and principal of Toronto-based specialist litigation finance firm BridgePoint Financial Services. 
 
https://www.advocatedaily.com/bridgepoint-financial-services-inc—-stephen-pauwels-treatment-financing-critical-when-insurance-benefits-denied.html
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Ontario Laws Now Tougher on Careless Drivers Who Endanger or Hurt Pedestrians

We’ve written before about penalties for drivers who hit pedestrians or other vulnerable road users, and how the consequences are often grossly inadequate considering the injury or fatality they are responsible for.

It’s been a while since Ontario last strengthened laws against drivers who ignore crosswalk and crossover laws, but as of September 1st, the fines and demerits for these violations have increased.

https://www.vandykelaw.ca/2018/09/ontario-laws-now-tougher-on-careless-drivers-who-endanger-or-hurt-pedestrians/
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O’Brien v. O’Brien, 2018 ONSC 4665 (CanLII), <http://canlii.ca/t/ht8xw 
 

[4]               The defence has now brought what is commonly referred to as a “threshold motion” for a declaration that the plaintiff’s claim for non-pecuniary loss is barred on the basis that his injuries do not fall within the exceptions to the statutory immunity contained and provided for in s. 267.5(5) of the Insurance Act, RSO 1990, c I.8 and the applicable regulations.

Applicable Legal Principles

[5]               Section 267.5 of the Insurance Act provides that the owner of an automobile is not liable in an action for non-pecuniary loss unless the injured person has sustained permanent serious disfigurement or permanent serious impairment of an important physical, mental or psychological function. In the present case the plaintiff did sustain some scarring of his ankle as a result of the accident, but there is no suggestion that this would meet the definition under the legislation. Therefore, the question to be addressed is whether he sustained a permanent, serious impairment of an important physical, mental or psychological function.

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