• FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education

Latest News Articles

January 29, 2019

Designated driver crashes car – and leaves owner with the bill

After a few drinks, it’s probably a good idea to hire a designated driver to drive you home. But as one Toronto resident learned, an accident can leave car owners with steep repair bills and higher car insurance premiums – even when they’re not in the driver’s seat. 
 
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Are Men Paying Less Than Women for Auto Insurance?

There’s a lot of reports and stories about auto insurance out there. The general consensus is that everyone is paying too much for it, but there are those who offer more optimistic advice about how to save. 
 
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Client Trial Preparation Checklist

Prepare your client for the ups and downs of trial with this customizable checklist, which covers topics to discuss with your client, including process, timing, outcomes, risks and costs. From managing emotions to the day-to-day workings of a trial, the checklist covers important topics to discuss with your client in preparation for trial. 
 
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Apple disables group FaceTime amid reports of privacy bug

Apple has made the group chat function in FaceTime unavailable after users said there was a bug that could allow callers to activate another user’s microphone remotely. 
 
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Cioffi v. Modelevich et al., 2018 ONSC 7084 (CanLII), <http://canlii.ca/t/hw8rb 

[1]       This is a motor vehicle action. The amount in issue is not large but I expect it is important to the defendant insurer. The issue is whether the insurer is required to pay the full cost of a recent mediation or only half of the cost. There is no dispute that s. 258.6(1) of the Insurance Act provides that where a plaintiff requests a mediation, the insurer shall pay the full cost. However, there is also no dispute that as a Toronto action, a mediation is mandatory pursuant to Rule 24.1 of the Rules of Civil Procedure and that the costs of the mediator are to be shared equally pursuant to s. 4(2) of O.Reg. 451/98 made under the Administration of Justice Act. 
[6]        The clear intention of the Insurance Act was to allow a plaintiff to request a mediation to be paid for by the insurer in the hope that the action might be resolved. The policy reasons seem clear – I do not think it is meant to apply only where a plaintiff is impecunious as suggested by Mr. Sazant. Clearly the legislature assumed that in these circumstances the insurer is in a better position to absorb the costs and pay for the costs of the mediation. 
 

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