August 30, 2018

Ontario car accident victims can be ‘hurt twice’ by lack of knowledge

Survey finds most drivers in the dark when it comes to claims for pain and suffering. Less than one in five (18 per cent) Ontario drivers are aware of the $37,983.33 statutory insurance deductible for pain and suffering caused by another driver.

https://www.kitchenerpost.ca/news-story/8868074-ontario-car-accident-victims-can-be-hurt-twice-by-lack-of-knowledge/#.W4deo920e70.twitter

Link to study: https://www.deutschmannlaw.com/insurance-study-2018

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Ontario’s Progressive Conservative government is breaking with a trend set by Ottawa and other provincial governments to publicly release ministerial mandate letters, as Premier Doug Ford’s documented instructions to his ministers have been designated a cabinet secret.

https://www.theglobeandmail.com/canada/article-premier-fords-government-will-not-release-its-ministers-mandate/?utm_medium=Referrer:+Social+Network+/+Media&utm_campaign=Shared+Web+Article+Links

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Over half of Canadians willing to embrace technology for a personalized discount on car insurance

TORONTO, Aug. 27, 2018 /CNW/ – Let’s face it, Canadians spend a lot of time in their cars. A new belairdirect survey by Leger found that while 71% of vehicle owners drive at least five days a week, 32% are actually driving less than 10,000 kilometres a year. Always looking to offer customers a best-in-class experience, belairdirect’s updated telematics tool, automerit, offers customers a personalized discount on their insurance for safe driving, and for those in Ontario, they may now be eligible for a discount for low kilometres.

https://www.newswire.ca/news-releases/over-half-of-canadians-willing-to-embrace-technology-for-a-personalized-discount-on-car-insurance-691788231.html

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Distracted Driving – A Larger Problem than Impaired Driving in Much of Canada

I’ve been posting a lot about distracted driving lately because the message isn’t getting through to many people. To be clear it is illegal, and unsafe. It is also now the leading cause of personal injury and death in car accidents in Quebec (more than impaired) and it is close to passing impaired driving as a leading cause of personal injury and death in the rest of Canada.

https://www.deutschmannlaw.com/blog/post/distracted-driving-a-larger-problem-than-impaired-driving-in-much-of-canada

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Regional Senior Justice Dismisses Plaintiff’s Attempt at Excluding Potential Jurors Who Drive and Pay for Automobile Insurance: Kapoor v. Kuzmanovski, 2018 ONSC 4770

The Ontario Superior Court of Justice recently heard a novel argument by a plaintiff in a civil motor vehicle accident action. The plaintiff brought a motion to exclude from her trial all potential jurors who drive and pay for automobile insurance premiums, or have premiums paid on their behalf, due to an “inherent conflict of interest”. The plaintiff argued that prospective jurors’ financial obligation to pay automobile insurance constituted a personal interest adverse to that of plaintiffs in motor vehicle accident cases. Regional Senior Justice Daley dismissed the motion in its entirety.

http://ztgh.com/resources/blog/regional-senior-justice-dismisses-plaintiffs-attempt-at-excluding-potential-jurors-who-drive-and-pay-for-automobile-insurance-kapoor-v-kuzmanovski-2018-onsc-4770

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Consultation: Review of Ontario government spending

Share your feedback to help make government programs more efficient and effective.

Your feedback will be used by the Ontario Government to inform work around the line-by-line review of spending on government programs and services.

We will report back on what we heard during this consultation in fall 2018.

https://www.ontario.ca/page/consultation-review-ontario-government-spending

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We need to equip lawyers with better trauma-informed legal skills

How clients react to emotional trauma is complex and difficult to predict. It is why representing clients who are experiencing trauma is always challenging at best. The danger, however, is that without proper training, it can be psychologically harmful to the client or lawyer, or both.

http://nationalmagazine.ca/Articles/August-2018/We-need-to-equip-lawyers-with-better-trauma-inform.aspx

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Ontario doc accused of sex abuse can work without restrictions: Court

TORONTO — A doctor accused of sexually abusing a patient will work without restrictions while his case is heard by Ontario’s medical watchdog, a court ruled Monday, reversing a decision by the regulatory body to place constraints on the gastroenterologist’s practice.

https://www.thesudburystar.com/news/national/ontario-doc-accused-of-sex-abuse-can-work-without-restrictions-court

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Basic Income Recipients Will Sue Ontario Over Cancellation

The PCs changed their tune in July and announced they would “wind down” the program. Participants hadn’t been notified before the press conference, and tell HuffPost Canada they still haven’t received further information about when their income will stop.

https://www.huffingtonpost.ca/2018/08/28/basic-income-recipients-will-sue-ontario-over-cancellation_a_23511127/

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No wonder our auto insurance premiums are so high!

Is it this type of questionable medical evidence behind the 58,105 people on the court docket http://goo.gl/Shn8kM waiting for hearings? What are all these hearings costing the taxpayers on top of what we are all paying for legal representation? Pretty expensive to keep Ontario’s insurers in business isn’t it?

This story has been playing out for a few years now – see the links below.

Platnick v. Bent, 2018 ONCA 687 DATE: 20180830 DOCKET: C63103 http://www.ontariocourts.ca/decisions/2018/2018ONCA0687.htm

A. OVERVIEW

[1] The appellant sued the respondents for libel, claiming damages of more than $15 million. The respondents defended the claim, advancing several defences, including justification and qualified privilege.

[2] The respondents successfully moved for a dismissal of the action under s. 137.1 of the Court of Justice Act, R.S.O. 1990, c. C.43 (“CJA”). The motion judge awarded the respondent, Maia Bent, her costs on a full indemnity basis, fixed at $282,943.42. He awarded the respondent, Lerners LLP, its costs on a partial indemnity basis, fixed at $30,000.

[3] The appellant appeals from the dismissal of the action. If that appeal is dismissed, the appellant seeks leave to appeal from the costs order.

[4] For the reasons that follow, I would hold that although the motion judge correctly determined that the expression in issue related to a matter of public interest, he erred in concluding that the appellant had failed to meet his onus under ss. 137.1(4)(a) and (b). I would hold that on a proper application of those provisions to the motion record, the appellant met that onus. I would further hold that s. 137.1 does not infringe s. 7 or s. 15 of the Canadian Charter of Rights and Freedoms.

[5] I would allow the appeal, set aside the dismissal of the action, and remit the matter to the trial court. Given my disposition of the main appeal, it is unnecessary to consider the application for leave to appeal the costs order.

[6] The appellant, Howard Platnick (“Dr. Platnick”), is a medical doctor. He spends much of his professional time preparing and reviewing medical assessments done in the context of disputes between insurers and persons injured in motor vehicle accidents. Dr. Platnick works mostly, but not exclusively, for insurers.

[7] The respondent, Maia Bent (“Ms. Bent”), is a lawyer and partner with the respondent law firm, Lerners LLP (“Lerners”). She acts for individuals who have been injured in motor vehicle accidents and are seeking compensation from insurers. At the relevant time, Ms. Bent was also the president-elect of the Ontario Trial Lawyers Association (“OTLA”), an organization of lawyers, law clerks, and law students who represent persons injured in motor vehicle accidents and who are involved in the automobile insurance dispute resolution process.

[103] Dr. Platnick gave extensive evidence in his affidavit about the negative impact of the email on his professional reputation, health, family life, and income. He claimed that within several days of the email being sent, insurers for whom he routinely did many medical assessments began cancelling appointments and stopped booking new ones. Dr. Platnick indicated that within a few weeks, almost all of his insurance work had dried up. By February 2015, about two-and-a-half months after the email was sent, some of the insurance work began to return to Dr. Platnick. He estimated that his income from that work remained at about 50% of what it had been before the email. Dr. Platnick claimed a loss of income for the period of January 1, 2015 to April 30, 2016, of $578,949. He filed an accountant’s report said to support that figure.

[104] On cross-examination, Dr. Platnick was not asked for further details about his alleged loss of income. He did, however, acknowledge that his gross income from insurance-related work in 2015 was “around” $1 million.

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The original media story: http://www.insurancebusiness.ca/ca/news/auto/medical-files-routinely-altered-to-suit-insurers-claims-fair-186692.aspx?p=1

Letter to MPPs regarding medical file manipulations Dec 23 2014

Background from the FAIR website re Platnick v Bent:

http://www.fairassociation.ca/2017/12/assessors-medical-opinion-evidence-libel-and-public-interest-case/

Platnick v. Bent – Endorsement (1) ONSC 7340 20161201

Platnick v. Bent – Endorsement Re Preliminary Motion (2) ONSC 7474 20161201

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August 30, 2018