Dec 5 2018 RESPONSE from Brian Mills re taking action on HST issue
http://www.fairassociation.ca/2018/11/accident-victims-denied-millions-in-benefits-by-insurers-lawsuits-allege/ 
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2019 Automobile Insurance Legislated and Regulatory Adjustments and Optional Indexation Rates Under the Statutory Accident Benefit Schedule

  • the 2019 monetary thresholds and deductibles for determining non-pecuniary tort awards under the Insurance Act and O. Reg. 461/96, Court Proceedings for Automobile Accidents that Occur on or after November 1, 1996
  • the 2019 indexation percentage for the Optional Indexation Benefit under section 30 of the Statutory Accident Benefits Schedule – Effective September 1, 2010 (2010 SABS)
  • the 2019 indexation percentage for the Optional Indexation Benefit under section 29 of the Statutory Accident Benefits Schedule – Accidents on or after November 1, 1996 (1996 SABS)
  • the 2019 indexation percentage and revised deductibles/monetary amounts applicable to claims under the Statutory Accident Benefits Schedule – Accidents after December 31, 1993 and before November 1, 1996 (1993 SABS)

http://www.fsco.gov.on.ca/en/auto/autobulletins/2018/Pages/a-06-18.aspx

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Delivery of Expert Reports – A One Time Only Event?

In 2016, significant amendments were made to the Rules of the Superior Courts to address inefficiency and delay in the court system. These included certain provisions to ensure that expert evidence is presented to the court in an efficient manner. A recent case gives an interpretation of one aspect of those rules.

https://www.lexology.com/library/detail.aspx?g=cbf3dbe0-8a45-46d9-afff-e5b9e20fad54&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2018-12-07&utm_term=

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Traffic accidents are eighth leading cause of death globally, according to WHO

The number of traffic-related deaths reached a high of 1.35 million in 2016, according to the 2018 Global Status Report on Road Safety, released by the World Health Organization on Friday. It has also moved up to the eighth leading cause of death for people of all ages, ahead of HIV/AIDS and tuberculosis.
 
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TD Insurance denials criticized after others come forward

Bianca Williams isn’t the only TD Insurance customer who was recently denied critical insurance benefits. After Williams’ story was published and aired by Global News, other TD Insurance customers came forward to say they had been denied benefits payments, too.
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Lawyer tries to overhaul civil jury process

A Toronto personal injury lawyer is not giving up his fight to reform the province’s civil jury process, despite a setback in the Ontario Superior Court of Justice.

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What is legal expense insurance?

Legal expense insurance (LEI) covers various types of legal expenses incurred by the policyholder and is often written on a group basis, according to the Insurance Bureau of Canada (IBC).

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Changes to social assistance: What Was Announced, What it Means, and What’s Next
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The CPSO is in the process of developing a new strategic plan. A strategic plan is a roadmap that provides direction and aligns the day-to-day activities of the organization to its most important priorities. CPSO has engaged the consulting firm OPTIMUS | SBR to support this process. Feedback from the general public and other stakeholders is an important input into the planning process, and we are seeking your participation in the following survey. It should only take you 15 minutes to complete. 
 
https://www.surveymonkey.com/r/CPSO_StrategicPlanning_PublicandOrganizations 
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Aviva Insurance v. Queeley (a.k.a Brown), 2018 ONSC 7049 (CanLII), <http://canlii.ca/t/hwfkp  
[1]            I am the case management judge who has been appointed to manage these actions. These actions concern the termination of Ms. Tracey Brown’s employment in 2013 by her former employer, KMI Brokers, as well as a related action brought by Aviva.  Both Aviva and KMI claim that Ms. Brown engaged in fraud in writing insurance policies. 

[7]           Tracey Brown, also known as Tracey Queeley, was employed as an insurance broker by KMI Brokers.  She was originally hired in August of 2011.  Her employment was terminated by KMI Brokers effective April 23rd, 2013.  Ms. Brown commenced an action against KMI Brokers, and its principals alleging, inter alia, wrongful dismissal.  It is this action that is almost settled.

[8]             Approximately eight months after Ms. Brown was terminated, Aviva Insurance Company of Canada (“Aviva”) commenced an action against Ms. Brown.  This action claimed, inter alia, damages for fraud, conspiracy, breach of fiduciary duty and breach of trust in the amount of $150,000.00 as well as costs for the investigation that Aviva had conducted into the conduct of Ms. Brown.

[9]           Aviva sought, and obtained, an ex parte Mareva Injuncton from Lederer J. on October 28th, 2013, the same day that Aviva commenced its action.  That injunction was granted based in part on an Affidavit sworn by Ms. Mavis Hawes, a Fraud Technical Specialist in Avivia’s Anti-Fraud Management Department.

[10]        This injunction was dissolved by Perell J. on November 13th, 2013, but a Certificate of Pending Litigation (“CPL”) was registered against Ms. Brown’s home.  Ms. Brown claims that the registration of this CPL caused her to be unable to refinance her home while she was unemployed, and led to the loss of her home.

[11]        Ms. Brown brought a counter-claim against Aviva, seeking damages for libel and/or slander, intentional infliction of mental suffering, punitive and aggravated damages.

[12]        Aviva defended this action.  A portion of Aviva’s Reply and Defence to the Counterclaim reads as follows:

4. Seventeen investigations from Aviva Canada’s Anti Fraud Management Unit were assigned to the investigation.

5. The work of the investigators included: (a) conducting interviews of the insureds and representatives of KMI; (b) reviewing the insurance claims submitted; and (c) conducting verifications on information put forward in the applications for insurance on the policies issued.

10. To the extent that the words set out in statements by Aviva Canada are statements of fact, they are true. To the extent that they are expressions of opinion, they are fair comments made in good faith and without malice on matters of public interest, namely the duty of a licensed insurance broker to carry out the duties honestly, with integrity and in good faith.

[13]        Aviva also made a complaint to the Registered Insurance Brokers of Ontario (“RIBO”).  RIBO is the organization that regulates insurance brokers.  Ms. Brown was qualified as a Level 1 Broker, which meant that she had to work under the supervision of a Level 2 Broker.
 
[16]
 
f)     Undertaking No 2– to advise as to whether Aviva provided any training to Ms. Brown.  The answer to this question is that it was determined that training was likely provided, but that this fact could not be confirmed.  After discussion, it was determined that Aviva would advise Ms. Brown’s counsel as to why it thought that training was likely provided, and why this fact could not be confirmed.
k)   Undertaking No. 14– To continue to advise as to whether there are any other files handled by Ms. Brown with which Aviva has no issue.  Originally, Aviva alleged that thirty-six (36) cases demonstrated fraudulent conduct on the part of Ms. Brown.  Twelve of these were abandoned at discovery.  Aviva is to confirm its position on the remaining cases where it is alleging fraud by December 24th, 2018