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Latest News Articles

September 6, 2018

by Admin2

Ontario auto insurer’s examiner gets day in court

Last week’s court ruling against a prominent personal injury lawyer could give Ontario auto insurers’ medical examiners recourse if those doctors feel their conduct has been publicly maligned. 
 
https://www.canadianunderwriter.ca/legal/ontario-auto-insurers-examiner-gets-day-court-1004136591/
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Everyone Should Have $2M Automobile Liability Limits

In Ontario, the mandatory minimum amount of automobile liability insurance that all drivers must have is $200,000.  However, most drivers have $1M in coverage as it has become the insurance industry standard for insurers and brokers to sell at least $1M in coverage.  That means that your insurer can pay out up to $1M in damages if you are sued (and the plaintiff proves their case). 
 
http://otlablog.com/everyone-2m-automobile-liability-limits/
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Cannabis for your Chronic Pain in Personal Injury Cases (Ontario)

Recently in the news, a Windsor Ontario doctor was disciplined for over prescribing opioid medication. His license to practice medicine was revoked. This was the first disciplinary case of its kind involving the over prescribing of opioid medication where the doctor lost his license to practice medicine. 
 
https://www.torontoinjurylawyerblog.com/cannabis-for-your-chronic-pain-in-personal-injury-cases-ontario/
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Common Myths About Long-Term Disability

Long-term disability is an option for some people. However, do you really know what it is? When many people think of long-term disability insurance, they often think of this as a supplementary type of insurance that they do not need. 
 
http://contelawyers.ca/common-myths-about-long-term-disability/
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The Opioid Chapters: 11 stories that show how complex the crisis is

One in nine Ontarians get a prescription for an opioid each year and three people die from an opioid-related death in Ontario every day.

http://healthydebate.ca/2018/09/topic/the-opioid-chapters

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17-007962 v Scottish & York, 2018 CanLII 81950 (ON LAT), <http://canlii.ca/t/htrsm 

[15]        I agree with the applicant that the costs of CAT assessments are funded outside the cap on medical and rehabilitation benefits for the following reasons:

                        i.        My own reading of s.25(1)5 is that it clearly overs CAT assessments. I agree with the reasoning in Henderson[2] that “there is no room for ambiguity – the insurer shall pay the expenses of a CAT assessment”. Other adjudicators have reached the same conclusion.[3]

                    ii.        My reading of s.18(5) is that it plainly refers to assessments in connection with any payment or benefit.  I find the term “in connection with” to mean that the section only restricts the consumption of medical benefits by non-CAT impaired persons, and that this narrow restriction excludes assessments not directly related to a specific benefit or benefits.

                  iii.        I concur with a body of decisions that CAT determinations are not a benefit, and neither are assessments required to apply for CAT determination.  This further persuades me that CAT assessments are not included in any limit placed on payment for benefits.[4]

                  iv.        I reject the insurer’s proposition that a decision by lawmakers in 2010 to lower the cap for non-CAT medical and rehabilitation benefits from $100,000 to $50,000 should be used to interpret this issue because of a “clear intent to limit recovery”.  I find no connection between a decision to lower a cap and any decision as to what things should be included under that cap.

                     v.        The effect of deducting CAT assessment costs from the $50K available to “not-yet-CAT” consumers would be to force seriously injured people to plan to hold a significant percentage of entitlement – in this case 37% — in reserve, just in case they need a CAT assessment.  This would represent a serious deterrent to seeking needed treatment, or alternatively act as a major barrier to seeking CAT determination.  I find it simply unbelievable that such obvious effects are intended or supported by any reasonable interpretation of the Schedule.

CONCLUSIONS

[16]        The applicant’s approved costs of $18,534.00 for CAT assessment cannot be deducted from the $50K cap set by s.18 of the Schedule.  They are payable under s.25 of the Schedule.

[17]        The respondent must restore $18,434.00 to the balance remaining in the applicant’s current entitlement for benefits, pending determination of whether she is CAT impaired. 
 
 

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