From a personal injury defence perspective, albeit troubling, these cases are highly instructive. They clearly signal that defence counsel cannot ignore the need to exercise great caution when selecting an expert and particularly the need to identify and weigh any potential risk of disqualification based on bias. These cases suggest that, before retaining an expert, defence counsel must take extra care to search reported decisions for any potentially troublesome comments about the expert and interview the expert to obtain a full history of their past retainers, and how much of their income is earned from providing defence medical-legal reports. Only armed with this critical information, can defence counsel be able to assess the risk of disqualification and properly advise their clients of that risk.
Author Archives: Admin4
An Eye for an Eye for car accident law in Ontario?
You or a loved one was hit by a negligent driver. The driver was texting on their cell phone at the time of the collision. The driver was charged and convicted of distracted driving and careless driving under the Highway Traffic Act.
http://www.torontoinjurylawyer
New legislation in October to target drivers impaired by drugs
New legislation is coming into effect on Oct. 2 that introduces harsher penalties for drivers impaired by drugs, 680 NEWS has learned.
Under the new legislation, drivers caught high behind the wheel will have their driver’s licence suspended just like those caught driving drunk.
http://www.bttoronto.ca/2016/0
Drug-impaired drivers will be subject to more suspensions
According to the Toronto Sun, beginning on Oct. 2, Ontario law enforcement will have broader power in roadside stops. A police officer will then be allowed to issue “escalating roadside driving suspensions of three, seven or 30 days” if the officer has a reasonable belief that the driver in question was driving while impaired by the use of drugs.
Thursday Thinkpiece: Sharp on the Right of Access to Justice Under the Rule of Law
Where the law gives an individual the right to a remedy, why must the associated cost so often render it a privilege? As Chief Justice McLachlin writes in the foreword to the Cromwell Report, “the problem of access to justice is not a new one. As long as justice has existed there have been those who have struggled to access it.” This is indicated by Clause 40 of The Magna Carta, an 800-year-old document, which states, “To no one will we sell, to no one will we refuse or delay, right or justice.”
Practice Perfect becomes eClaims enabled
Practice Perfect clinical management software is now enabled for electronic claims. By integrating an eClaims solution from TELUS Health, Canada’slargest health IT company, directly into the management software, Practice Perfect is delivering a seamless user experience that verifies patient insurance coverage, processes payments on behalf of their patients, and eliminates upfront costs for the patient.
http://www.ilstv.com/practice-
Ask a Lawyer: Should We Broadcast Court Proceedings?
Broadcasting inside courtrooms is nothing new in the United States but is extremely rare in Canada. Many of us remember the O.J. Simpson trial and watching the travesty unfold live on television. In Canada, trials of first instance are almost never televised. The Supreme Court of Canada has broadcast most of its proceedings on the Cable Public Affairs Channel (CPAC) since the 1990s. Anyone who has flipped past this channel knows that unless you are a lawyer, it is about as exciting as watching paint dry.
http://otlablog.com/ask-a-lawy
Ontario Works and Ontario Disability Support Payments Increased
TORONTO – Ontario is increasing social assistance rates for people receiving support from Ontario Works and the Ontario Disability Support Program (ODSP).
http://www.netnewsledger.com/2
Croton Healthcare Canada, York Instruments & Simon Fraser University Undertake Clinical Study Of MEG Effectiveness In Diagnosing Brain Concussions
SURREY, British Columbia, Sept. 29, 2016 /CNW/ — Scientists from Simon Fraser University (SFU) and Croton Healthcare Canada Inc (Croton) will collaborate to study breakthroughs in concussion diagnosis. The team will examine the effectiveness of novel diagnostic techniques using magnetoencephalography (MEG), a brain imaging technology that SFU has been helping to lead the development of for more than a quarter century. The study will focus on determining the ability to predict chronic symptoms of concussion and more serious traumatic brain injuries. Results will be integrated with those of other institutions, to confirm multi-center reproducibility.
Deleary and MVACF 2016-09-19 Arbitration, Expenses, FSCO 5009
I will now address the conduct of the Insurer. I find the conduct of MVACF, through their counsel Ms. Chapman, was misleading toward the Applicant. A settlement agreement was made on November 24, 2015, and acknowledgement was made by Ms. Chapman that funds had been requested from MVACF. A timeframe was noted by Mr. Virtue’s office in which Siskinds LLP on behalf of Mr. Deleary could expect to receive these funds. Prior to Ms. Chapman’s written submissions of July 4, 2016, it was never mentioned that the settlement amount could not be separated from the costs issue and that MVACF could not issue a partial payment. The settlement amount agreed to by both parties on November 24, 2015, and further acknowledged by e-mail correspondence, has been significantly delayed in its delivery. The Applicant and Insurer agreed to cancel the Hearing scheduled to commence on December 1, 2015. When a settlement is reached between parties, the assumption is that the terms of the settlement will be executed in a reasonable amount of time. Several months have passed since November 24, 2015, and Siskinds LLP on behalf of Mr. Deleary has not received any settlement amount from MVACF. I find this has been an unnecessary and unfair delay for Mr. Deleary.