• 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

May 27, 2020

Canadians are driving far less during COVID-19, which means fewer accidents. So why aren’t insurance companies offering across-the-board relief?

Though Canadians are staying home and driving less during the COVID-19 pandemic, many auto insurance companies haven’t adjusted their rates to reflect this — which means bigger profits. 
 
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Insurers’ Excessive Profits Are a Symptom of Broken Regime

A report showing Ontarians are still overpaying for insurance is evidence of the province’s broken no-fault insurance system, Barrie-area personal injury lawyer Steve Rastin says. The report, written by York University Professor Fred Lazar for the Ontario Trial Lawyers Association (OTLA), concluded that the province’s auto insurers have accumulated more than $5 billion over the last five years in pre-tax income. In 2016 alone, the report found that they took in a total of $1.5 billion, or 60 per cent higher profits than in 2011. 
 
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This ‘cardinal sin’ will increase your client’s auto insurance bill

Young male motorists can expect to pay more than women for auto coverage but the decisions your clients make have an even greater bearing on their insurance bill, the co-founder of LowestRates.ca suggests. 
 
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Financial help lacking as COVID-19 shuts courts and kills legal work, lawyers say

TORONTO – The shutdown of much of the country’s court system due to the COVID-19 pandemic is taking a financial toll on many lawyers, and law societies are not doing enough to help, members of the profession say. 
 
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COVID-19 & THE PRACTICE OF LAW

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List of rules potentially affected by reforms to civil justice system

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Opinion: How changes forced by pandemic are reducing litigation costs

It has become common to say that we’re living through an unprecedented time. We’re also living in a time of great change that has been forced upon us. Some of these changes have been for the better — and have not only ensured cases move along, but also provide significant cost savings. 
 
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Lawsuits and claims for accident benefits

As an Ontario driver, if you are injured in a car crash, your auto insurance company should provide medical, rehabilitation, and lost wage benefits. If the car crash was not your fault, you could also sue the at-fault driver for compensation. In Ontario, a lawsuit and a claim for benefits are meant to provide an injured person with adequate compensation for injuries and losses suffered in a car crash.  
 
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Why it might get easier for plaintiffs to fund their lawsuits

With a recent Supreme Court of Canada decision involving third-party litigation funding coming on top of the economic disruption caused by the COVID-19 pandemic, Canadian courts are likely to see a spike some types of lawsuits, suggests the head of an international litigation financing provider. 
 
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Tribunal Watch Ontario – Statement of Concern

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Report Of The Ontario Human Rights Review 2012

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A Survey of Access to Rehabilitation Insurance Coverage for Adults with Brain Injury Caused by Motor Vehicle Collision

This survey will help us learn about the experiences of people with brain injury in collecting insurance benefits for rehabilitation and therapy after a motor vehicle collision. 
 
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ODSP payouts should match CERB, say advocates 

Many on the Ontario Disability Support Program say they’re struggling to survive amid the pandemic, and as Faiza Amin reports, advocates are calling for the program’s payouts to match those of the federal CERB program. 
 
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ODSP recipients struggling to survive pandemic 

Ontarians who survive on disability payments say the monthly payouts were never much to live on. Now the challenges they were already experiencing prior to COVID-19 have been amplified. Faiza Amin reports. 
 
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Additional ODSP help available during pandemic

Ontario has made additional funding available for those currently receiving the assistance and are facing additional costs related to the COVID-19 outbreak. 
 
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Lloyd v. Bush, 2020 ONSC 2892 (CanLII), <http://canlii.ca/t/j7rvk  

[1]               This the latest chapter in litigation that was commenced on 31 March 2003, following a motor vehicle accident that had occurred on 3 January 2003.

[2]               The plaintiffs’ claims arising from that incident have now been the subject of three trials and two appeals. 

[3]               The defendants David Bush and MacDonald’s Propane settled with the plaintiffs during the course of the first trial.  The active defendants since then have been the Corporation of the County of Lennox and Addington and the Corporation of the Town of Greater Napanee (the “Municipal Defendants”).  These parties are represented by the same counsel. 

[4]               The first trial concluded in 2010.  The action was dismissed.  Costs were awarded to the Municipal Defendants in the total amount of $401,276.43 including disbursements and applicable taxes. 

[5]               On the first appeal, the Court of Appeal held that the plaintiffs had established a reasonable apprehension of basis on the part of the trial judge.  The appeal was allowed, and the matter remitted for a new trial.  The Court of Appeal ordered “that each party should be responsible for their own costs at trial”:  Lloyds v. Bush, 2012 ONCA 349, at para. 70.

[6]               The second trial was heard in 2014, with reasons for decision released on 6 February 2015 (reported at 2015 ONSC 761; supplementary reasons at 2015 ONSC 5340).  The Municipal Defendants were held 60% responsible for the plaintiffs’ damages; David Bush and 818601 Ontario Inc., c.o.b. as MacDonald’s Propane were held 30% liable; Leslie Lloyd was found to be 10% contributorily negligent. 

[7]               The plaintiffs’ damages were assessed by the judge at the second trial in the total amount of $4,149,158.50, comprised as follows:

a.      General damages for Leslie Lloyd – $300,000;

b.      Family Law Act damages for Jason Lloyd – $130,000;

c.      Future care – $408,866;

d.      Future attendant care – $2,000,000;

e.      Future income loss – $1,260,000; and

f.      Past income loss – $50,292.50.

[8]               The second appeal decision, reported at 2017 ONCA 252, upheld the assessment of damages at the second trial, but ordered a new trial on the issue of liability (and the related issues of causation and contributory negligence).  Costs of the second trial were remitted for determination at the third trial.

[9]               The third trial was heard in April and May 2019, with reasons for decision released on 6 February 2020 and reported at 2020 ONSC 842.  Liability was apportioned as follows:

a.      Municipal Defendants – 50%;

b.      David Bush and MacDonald’s Propane – 33%;

c.      Leslie Lloyd – 17%.

[10]           I invited the parties to agree on the costs arising from the second and third trials, failing which they should make written submissions. 

[11]           The parties were unable agree on costs and, consequently, written submissions have been received.  Those submissions have also addressed the issue of interest. 

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