• 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 2, 2020

2020 Automobile Insurance Indexation Amounts

This guidance publishes amounts related to auto insurance claims that are subject to indexation under the Insurance Act (“the Act”) and its regulations.   
 
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Top 5 Canadian court rulings of 2019 for P&C insurance

Tragedies, mishaps and financial disasters often lead to court disputes, resulting in rulings from judges. Sometimes judges disagree with one another and appeals get filed with higher courts, but the end results often provide lessons for the industry. 
 
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Do I Have to Provide a Recorded Statement to a Claims Adjuster?

After an accident, the insurance company will investigate the claim and will want to find out more information about how the accident occurred. A claims adjuster will likely reach out to you to ask for a recorded statement. The process of providing a statement is not always straightforward. Your statement may be used against you to harm your ability at recovering fair compensation. 
 
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New Simplified Procedure Rules for Personal Injury Claims starting January 1, 2020

Personal Injury Lawyers across Ontario are all talking about the dramatic changes to the Rules of Civil Procedure which take place on January 1, 2020.

The most notable change is that being made to Simplified Procedure.

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Opinion: The driver who killed the Humboldt Broncos received too harsh a sentence

In 2019, Canada’s criminal justice system faced an unusual test: a defendant so distraught over the catastrophic consequences of his small misdeed, he refused to mount any defence — though defences were available — and instructed his lawyer to make no recommendation on sentencing. 
 
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Is the driver liable for an accident when a passenger grabs the wheel? – McKay v. Park, 2019 ONCA 659 (CanLII)

Ms. Park was driving her car when during an argument Mr. Hnatiuk reached over from the passenger seat and grabbed the steering wheel almost immediately causing an accident colliding with a car carrying Ms. McKay. 
 
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Towing after a crash is normally covered by your insurance company. But if you sign a blank contract with a towing company or body shop, you could be on the hook for whatever they charge. 
 
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Allan Gordon, 75, was arrested on Friday and charged with five counts of sexual assault, the Toronto Police Service said in a news release. Police expressed concern there may be more victims. 
 
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MANDEL: Paraplegic employee sues Apple for failing to accommodate his needs

Confined to a wheelchair since he was injured in a car accident as a child, Robert Shaw had worked for Apple since 2011 and was told accommodations would be in place when he transferred to their Sherway Gardens store in late 2017. 
 
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Renfrew brain injury patient faces ‘lifetime wait’ for proper care

On weekends, Ken Rekowski gets a ride down Highway 138 to his mom’s farmhouse, for barbecues in the summer and TV and games in the winter.
By the evening, though, he’s back in his bed at the Renfrew Victoria Hospital.
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Smokers past and present ‘live in more pain’

The findings are based on an analysis of data from more than 220,000 people conducted by UCL.
The researchers say the reason why is unknown, but could include smoking causing permanent changes in the body. 
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Class actions 101: What you need to know

Class-action lawsuits allow groups of people to seek justice against a defendant who is accused of causing loss or harm to others through product liability, privacy breaches, consumer protection issues, environmental accidents, mass personal injury, institutional abuse, and labour and employment issues.https://www.theloop.ca/ctvnews/class-actions-101-what-you-need-to-know/

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It’s about that word ‘reasonable’ and what the legal meaning of the word is all about.

*Supreme Court of Canada grants citizenship to two sons of Russian spies  

The case gave the top court the opportunity to address criticism from academics, lawyers and even sitting judges of its approach to administrative law. This vast area of the law sets the terms under which Canadians may challenge the rulings of decision-making authorities from cabinet ministers to professional bodies to refugee boards. At issue is how much the courts should defer to the rulings of expert bodies.

*The Standard of Review (taken from Vavilov in the “Administrative Law Trilogy”)

Decisions made by governments, or those acting on their behalf, are called “administrative decisions.” They are part of “administrative law.” Most legal decisions that affect people are administrative decisions, not court ones.

*Standard Of Review Of Administrative Decisions: How The Supreme Court’s New Decision Applies In Ontario 

Section 11(1) of the Licence Appeal Tribunal Act indicates that a party may appeal a decision or order to the Divisional Court. However, certain appeals are only permitted on questions of law. This includes appeals relating to matters under the Insurance Act.
Therefore, for statutory accident benefits claims, appeals are only permitted on questions of law, and the standard of review is correctness. For questions of fact and mixed fact and law, a party can bring an application for judicial review, and the standard of review is reasonableness.  http://www.mondaq.com/canada/x/879426/court+procedure/Standard+Of+Review+Of+Administrative+Decisions+How+The+Supreme+Courts+New+Decision+Applies+In+Ontario  
Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 (CanLII), <http://canlii.ca/t/j46kb
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Gluckstein Personal Injury Lawyers P.C. v. Yu, 2019 ONSC 7387 (CanLII), <http://canlii.ca/t/j46kz
 
[10]      In the case at bar the Minor’s case has been settled and the fees associated with that claim have been paid. As Gluckstein readily acknowledges, the Minor’s file was separate and distinct from Yu’s file. In those circumstances, then, and in accordance with the cases filed by Yu, this file belongs to Yu. The argument by Gluckstein that it should not be produced is grounded on the fact that the file is being requested within the context of an assessment of Yu’s file. As such, it is an abuse of process. I cannot accept that position.
 
[11]      Gluckstein is obligated on request to provide the complete file of the Minor. Yu is entitled to have it and an order will be made to disclose it.
 
[12]      Further, it is not up to Gluckstein to determine relevancy. Upon receipt of the complete file of the Minor it may very well be that there is no relevance to the Yu assessment. On the other hand it will be Yu’s review of the file that may potentially uncover relevant documents. Unless he has the complete file, he cannot make that determination.
 
[13]      I am also satisfied that Gluckstein ought to provide Yu’s complete file. Yu has raised concerns about Gluckstein’s accounts and retainer agreements and ultimately the fees and disbursements charged on the Yu file and the Minor’s file. Yu is entitled to see the complete file. It has relevance to the September 16, 2020 motion and assessment of fees.

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