• 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

April 12, 2019

What we know so far about upcoming changes to auto insurance as listed in the 2019 Budget  

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Province Announces Sweeping Changes to Auto Insurance

The Provincial Government released their budget yesterday and announced ‘Transformative Auto Insurance’ reforms but have provided little information on how much drivers will save, and how much injured people may lose in benefits. What is clear is that this is a wide scale plan aimed at reducing insurance rates for drivers. No targets were released as to how much they will drop. The changes seem to be aimed at making the insurance claim process easier for claimants in the event of car accidents and personal injury. The government hopes to create more competition between insurance companies as well. 
 
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Insurers respond to Ontario’s multi-year auto insurance plan

The government of Ontario has unveiled its budget for 2019, which includes a blueprint to improve the province’s broken auto insurance system – a decision that insurers are wholeheartedly supporting. 
 
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Ontario Government Takes a Different Approach to Auto Insurance Reforms

The 2019 Ontario Budget is out and there’s some positive news for auto insurance consumers. 
 
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Ford government reveals ‘transformative’ auto insurance reforms, but doesn’t say how much drivers will save

The Ford government has revealed a sweeping plan to reduce auto insurance rates, though it is not saying how much drivers should expect to save under the new rules. 
 
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2019 Ontario Budget Protecting What Matters Most

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Allen Wynperle discussing the 2019 Ontario Budget

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Ontario Budget 2019 Announces $1 Billion in OW and ODSP Cuts

The 2019/2020 Ontario Budget was announced today, and creates even more uncertainty for people who receive benefits from the Ontario Works (OW) and Ontario Disability Support Program (ODSP) system. 
 
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How Aviva is simplifying its claims process

Aviva Canada has worked with provincial regulators to simplify its products and the claims process for customers. 
 
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Family Fails to Declare 17 Year Old Son with G2 in Household – Policy Cancelled – Costs Awarded – Seetaram v. Allstate Insurance Company of Canada, 2019 ONSC 683

IS INSURANCE POLICY VALID:  duty to disclose material changes in the insured risk; applicant fails to advise insurer of change in risk; policy revoke is warranted; costs assessed to insured 
 
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Law Society of Ontario and Arkadii Barapp

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18-004555 v Wawanesa Insurance, 2019 CanLII 22203 (ON LAT), <http://canlii.ca/t/hz9f0 

ISSUES

      [3]      The issues before me that I must decide are:

                       (i)      Is the respondent required to advise the applicant of the existence of surveillance, if any?

                       (ii)     If the answer to (i) is yes, is the respondent required to provide the applicant with complete, unredacted surveillance tapes and records if the respondent does not intend to rely on that evidence at the hearing?

      [4]      To determine these issues, I must answer the following questions:

                     (i)      If surveillance evidence exists, is it relevant to the issues in dispute in this application?

                     (ii)     If surveillance evidence is relevant, is the applicant entitled to have the existence of the same disclosed and the surveillance evidence produced, or is some or all of what is sought protected from disclosure by litigation privilege?

RESULT

   [5]        Having considered the evidence and the parties’ submissions, my decision and reasons are as follows:

                     (i)      Surveillance that is related to the issues in dispute, if any, is relevant to this application.

                     (ii)     Litigation privilege arose in this case on September 4, 2014 when the applicant filed an application for arbitration to the Financial Services Commission of Ontario (FSCO) claiming accident benefits arising out of the May 1, 2013 accident (“2014 application”), and I find that:

a)        the respondent must advise the applicant of the existence of all surveillance, if any, conducted prior to September 4, 2014 and provide the applicant with the date, time, place and reason for the surveillance; and

b)        the respondent must provide copies of any surveillance conducted before September 4, 2014 that relates to the issues in dispute. The respondent shall be entitled to redact solicitor-client privileged communications, if any.

                     (iii)     The respondent is not required to advise the applicant of the existence of any surveillance or provide copies of any surveillance evidence that relates to surveillance conducted after litigation privilege arose on September 4, 2014, unless the respondent intends to rely on it at the hearing.

                     (iv)     The respondent shall comply with the Tribunal’s Common Rules of Practice & Procedure[1] (the “Tribunal Rules”) with respect to any surveillance evidence it intends to rely upon at the hearing. 

 
 

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