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Latest News Articles

October 12. 2018

by Admin2

Reduction in prejudgment interest rate in Ontario auto lawsuits applies retrospectively: Court

A reduction two years ago, in Ontario’s prejudgment interest rate for pain and suffering damages awarded in auto bodily injury lawsuits, was intended to apply to lawsuits arising from vehicle collisions before 2015 if they go to trial after Bill 15 took effect, the Court of Appeal for Ontario has ruled. 
 
https://www.canadianunderwriter.ca/insurance/reduction-prejudgment-interest-rate-ontario-auto-lawsuits-applies-retrospectively-court-1004120895/
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TTC launches internal review after string of streetcar collisions

The TTC is initiating an internal safety review of its operational practices following a recent spate of serious streetcar collisions this month that included two fatalities. 
 
https://www.thestar.com/news/gta/2018/10/11/ttc-launches-internal-review-after-string-of-streetcar-collisions.html
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How driving high affects your auto insurance

Driving under the influence of drugs is a criminal offence, with potentially devastating – even deadly – consequences. 
 
http://www.ilstv.com/how-driving-high-affects-your-auto-insurance/
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‘Lives are hanging in the balance’: Why some newly licensed truckers aren’t ready for the road

A hidden-camera investigation by CBC’s Marketplace reveals how Canada’s patchwork training and testing system leaves some new truck drivers ill-prepared to operate big rigs — the giants of the road that are involved in about 20 per cent of deadly crashes in this country. 
 
https://www.cbc.ca/news/business/marketplace-truck-drivers-training-testing-1.4858940
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Majority of Canadians worry about drug-impaired driving

As Canada approaches marijuana legalization many stakeholders have been raising serious concerns with drug impaired driving. A new Desjardins survey supports these concerns as the majority of Canadians (86%) are worried about drug impaired driving. In fact, 75% are concerned with progress in crucial areas like legislation, testing and awareness. 
 
http://www.ilstv.com/majority-of-canadians-worry-about-drug-impaired-driving/
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Brian Goldfinger on why is your Long Term Disability Case taking so long (Ontario)?

One of the most commonly asked questions of Brian Goldfinger is “how long will make case take to settle?”

Brian hears this question in a variety of cases spanning from catastrophic car accident cases; slip and fall cases; motorcycle accident cases. But it seems like this question is most frequently asked in the context of long term disability cases. I don’t know why this is. It just is (if that makes any sense).

https://www.torontoinjurylawyerblog.com/brian-goldfinger-on-why-is-your-long-term-disability-case-taking-so-long-ontario/
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Ontario Human Rights Commission releases updated policy before pot legalization

TORONTO — Employers are required to do what they can to accommodate medical marijuana users as well as those addicted to pot but that doesn’t give employees carte blanche to show up at work stoned, Ontario’s Human Rights Commission said on Thursday. 
 
https://nationalpost.com/pmn/news-pmn/canada-news-pmn/ontario-human-rights-commission-releases-updated-policy-before-pot-legalization
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Prejudgment interest – where we are. Confused? You are not alone.

In mva action, Ont. Super. Ct. declines to increase pre-judgment interest rate

In McKnight v. Ontario (Transportation), Ontario Superior Court Justice David Edwards dismissed the plaintiff’s motion asking him to exercise his discretion under s.130(1) of the Courts of Justice Act to depart from the statutorily prescribed interest rate, and ordered that the plaintiff’s judgment bear interest at the rate of 0.5%. 
https://www.hughesamys.com/blawg/blawg-post/blog/2018/03/16/in-mva-action-ont.-super.-ct.-declines-to-increase-pre-judgment-interest-rate 
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Courts of Justice Act, s.127
Postjudgement and Prejudgement Interest Rates  Jun 2, 2018
https://www.attorneygeneral.jus.gov.on.ca/english/courts/interestrates.php
 
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Title: Statutory Accident Benefits Schedule
Citation: O Reg 34/10, s 51(1)
https://www.canlii.org/en/on/laws/regu/o-reg-34-10/latest/o-reg-34-10.html#sec51subsec1_smooth

Overdue payments

51. (1) An amount payable in respect of a benefit is overdue if the insurer fails to pay the benefit within the time required under this Regulation.  O. Reg. 34/10, s. 51 (1)

(2) If payment of a benefit under this Regulation is overdue, the insurer shall pay interest on the overdue amount in accordance with this section for each day the amount is overdue. O. Reg. 236/14, s. 1.

(3) Interest is payable at the rate of 1 per cent per month, compounded monthly, from the date on which the amount becomes overdue until the earlier of the following dates:

1. The date on which the overdue amount is paid.

2. The date, if any, on which interest becomes payable in accordance with subsection (4). O. Reg. 236/14, s. 1.

(4) In case of a dispute in respect of an insured person’s entitlement to statutory accident benefits or in respect of the amount of statutory accident benefits to which an insured person is entitled, interest on the benefits in dispute is calculated at the prejudgment interest rate described in subsection 128 (3) of the Courts of Justice Act that is used for past pecuniary loss, and is payable for the period that begins on the date on which an application to the Licence Appeal Tribunal is brought under subsection 280 (2) of the Act and ends on the date a settlement is reached or a decision is issued that finally disposes of the dispute. O. Reg. 236/14, s. 1; O. Reg. 44/16, s. 5.

(5) Despite subsection (3), if payment of the benefit is overdue on December 31, 2014, interest is payable on the overdue amount at the rate of 1 per cent per month, compounded monthly, from the date on which the amount became overdue until the date on which the overdue amount is paid. O. Reg. 236/14, s. 1

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Clarity on prejudgment interest but not deductible

https://www.thomsonrogers.com/wp-content/uploads/2017/02/drm-clarity-on-prejudgment-interest-but-not-deductible_the-lawyers-weekly-2017-02-03.pdf

 
 

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