Author Archives: Admin2

September 24, 2018

MANDEL: Outspoken judge dumps on judicial system

An outspoken Ontario Court judge known for his witty judgments has boldly taken on Canada’s highest court, saying even “extraterrestrials” wouldn’t understand the judicial mess left in the wake of its infamous 2016 Jordan ruling. 

The perversion of poverty in Ontario

I fit the ODSP definition of “disabled” and thus I get a monthly allowance, which is 40 per cent under the Low-Income Measure poverty line, about half the current Toronto average market rent for a one-bedroom. In real terms, I am poorer than ODSP recipients were in 1998.  

BC Court of Appeal Discusses When Special Costs Against Lawyers Personally Should be Ordered

In today’s case (Nuttall v. Krekovich) the Plaintiff was seriously injured in a hit and run accident.  A lawsuit was started suing ICBC as a nominal defendant pursuant to s. 24 of the Insurance (Vehicle) Act.  As the litigation progressed the Plaintiff’s lawyer came to believe that the Defendant may have been the driver and brought an application to add him to the lawsuit.  Shortly after obtaining this order the lawyer realized he was mistaken and discontinued the lawsuit against the Defendant. 

September 21, 2018

When it comes to motorcyclists, it’s a David v. Goliath world out there

As the 2018 motorcycle season finally closes in on the fall homestretch, the thrills and exhilarations of riding season so far have left behind a trail of tragedy, which has been a trend in recent years. It is a sobering reality of the risks motorcyclists face on Ontario roads. 

Can The CPSO Regain The Trust of Physicians?

Through a combination of a tone deaf, paternalistic attitude, and fear that “bad press” will lead to a loss of something called self-regulation, the CPSO has sadly lost the respect of physicians across Ontario.

Major life insurer says all customers can opt-in to wear health trackers

John Hancock, one of the oldest and largest North American life insurers, will stop underwriting traditional life insurance and instead sell only interactive policies that track fitness and health data through wearable devices and smartphones, the company said on Wednesday. 

Long Term Disability Denied Claim: Why Me!?!?! (Ontario)

Of the hundreds of thousands of Long Term Disability Claims which large insurers like Manulife, Great West Life, Sun Life, Desjardins, SSQ, Industrial Alliance etc. handle, why was YOURS singled out for denial? 

SSQ Insurance to reimburse medical cannabis expenses

“This coverage, in compliance with federal law on medical marijuana use, is for those for whom traditional prescription drugs have been deemed ineffective,” SSQ Insurance senior vice-president of strategies and product management Éric Trudel in a statement. 

September 20, 2018

Indefinite needs mean indefinite support for disabled adult child, court finds

Ruling will have significant impact on the future determination of child support and beyond


How marijuana legalization could impact workplace risk

“I think we will see more insurance companies covering medical cannabis for a whole range of ailments, from long-term pain management to sleep management.” 


Which Ontario insurers are (over)using LAT system?

47% of the most recent 100 cases posted on Canlii AABS LAT site involve Aviva insurance.

Aviva has 6.6% of the Ontario market  but 47% of cases in dispute system?? This doesn’t pass the sniff test….

September 19, 2018

Pretrial conference: Play by the Rules or pay the price

Pretrial conferences are an important and mandatory step in the civil litigation process in Ontario. In addition to potential case management steps, one of their principal purposes is to explore the possibility of settlement. 
Ford focusses on interfering with Toronto’s election rather than lowering auto insurance: NDP
During question period on Thursday, the NDP’s consumer protection critic, Tom Rakocevic, said while the Ford government is trampling over fundamental Charter rights in order to continue meddling in Toronto’s election, they are failing to lower auto insurance.  

The ‘Big Three’ indicators of address fraud

Insurers looking to verify a claimant’s address should focus on bank, credit card and cellphone records, an insurance defence lawyer said Tuesday.  
The list of financial-services companies that have reached “no-contest” settlements for overcharging or shortchanging their clients keeps growing.  

September 18, 2018

Auto collision repairs are getting more costly and severe

Insurance companies have been saying it, and surely drivers have been feeling it: the severity and costs of auto collision repairs are increasing in Canada, according to a report released last week by Mitchell International. 

One cyclist killed, three others injured in separate collisions in the GTA

One cyclist was killed and three others were injured after being hit by vehicles in separate collisions across the GTA within a four-hour period on Monday. 

Ontario to stiffen penalties for dangerous driving and endangering pedestrians

The Ontario government is introducing a new charge for careless driving and will stiffen penalties for existing dangerous driving charges starting next month. 

‘I feel betrayed by my company’: TTC subway operator barred while using medicinal cannabis

A Toronto Transit Commission employee says she’s back on opioids because her employer told her she can’t use medical marijuana and remain as a subway operator, even though her doctor thinks cannabis is the best treatment for her chronic pain.  
Protecting ODSP OW Funding march

September 17, 2018

Do you carry enough automotive liability insurance?

The portion of your car insurance premium that covers automotive liability covers you if you are sued for injuries caused in a car crash. Your insurance company uses those funds to appoint a lawyer who defends you, and they then pay out any damages awarded up to the limit you carry. 

Economics professor weighs in on NL’s auto insurance system

As the province of Newfoundland and Labrador continues to mull over how it should fix its messy auto insurance system, another expert has thrown his hat into the ring. 

Ontario Pain Management Resources

Helping patients manage pain is complex. To help navigate this challenging landscape and support health care providers across the health system, Health Quality Ontario and organizations across the province offer a coordinated program of supports to help family doctors, nurse practitioners and other primary care clinicians manage their patients’ pain, including the appropriate use of opioids. 

New Brunswick auto insurers seek largest rate hikes in 16 years

A group of New Brunswick’s largest automobile insurance companies is applying for the steepest rate hikes in 16 years.


GOVERNMENT ASSISTANCE PROGRAM – Social assistance – Benefits

Appeal by RG from a decision of an application judge setting aside a decision of the Assistance Appeal Board which granted her request for increased shelter allowance. The appellant had a medical disability which caused her body to react badly to chemicals, scents, dust or other impurities in the environment. She received income assistance from the respondent. 

September 14, 2018

September 13, 2018

Contingency Fee Arrangements

It is not uncommon for a lawyer to be approached by a potential new client when the responsibility for an injury or damage is unclear. Sometimes the party that caused the damage completely denies any responsibility – or it is unclear whether a party will have the money necessary to pay for damages of the potential client. For example, if a client is off work due to an injury and does not know when they will return, it is difficult for a lawyer to assess how much money the person who caused the harm may need to pay (or if they can even afford it). 

Minor injury definition must be crafted right if implemented, consultant tells insurance inquiry

If the Newfoundland and Labrador government were to agree with the Insurance Bureau of Canada (IBC) and impose a form of compensation cap for residents of the province who sustain minor injuries in an automobile accident, the definition of “minor injuries” must be carefully composed, an Ontario-based physiotherapist says. 

CIVIL PROCEDURE – Jury trials – Challenges

Motion by the plaintiff for an order permitting her to challenge potential jurors who paid for automobile insurance premiums for partiality or ineligibility. The plaintiff was seeking damages for personal injuries suffered in a motor vehicle accident. The plaintiff asserted prospective jurors in civil motor vehicle accident cases who drove motor vehicles and were insured had an inherent conflict of interest that prevented them from being impartial as their financial obligation to pay insurance premiums constituted a personal interest adverse to the plaintiff. 

Ontario health care prescription requires its minister to show up

Health Canada assembled leaders from across the country last week to discuss strategies to tackle the largest public health issue of our time: the opioid crisis. Along with officials including John Tory and Bill Blair, federal health minister Ginette Petipas Taylor announced a $34 million contribution to an addiction treatment program in British Columbia. She also committed to working with Ontario’s health minister to keep supervised drug-use sites open in the province, encouraging Christine Elliott to halt its freeze on the program. 

A Complete List Of The Punishments For Driving High On Marijuana In Every Canadian Province 

Canada is just one month away from legal recreational marijuana.

While legalization is a federal initiative, it will be up to the individual provinces to devise regulations for both the distribution of weed and the enforcement of drug-related offenses.


$75,000 Non-Pecuniary Assessment for Soft Tissue Injuries Resulting in Chronic Pain

In the recent case (Kagrimanyan v. Weir) the Plaintiff was involved in a rear-end collision caused by the Defendants.  Liability was admitted.  The crash caused various soft tissue injuries which led to chronic pain.  Full resolution of the Plaintiff’s symptoms was not expected. 

September 12, 2018

8 More Things You (Probably) Don’t Know About Motor Vehicle Accident Injury Lawsuits in Ontario

Each year thousands of drivers, cyclists and pedestrians are injured in motor vehicle accidents in Ontario. Many never fully recover from their injuries and are left to deal with pain, limitations, medical and rehabilitation expenses and loss of income.

LAT Decision – Shane Minty vs. Motor Vehicle Accident Claims Fund


Sun Life ‘deceitfully’ concealed ‘sales misrepresentations’ about life insurance policies, customers allege

While the court battle was unfolding, Sun Life continued to administer the plans, charging increasing premiums to hundreds of thousands of Canadians while “deceitfully” concealing “its knowledge that systematic sales misrepresentations had occurred,” according to allegations filed in a long-running lawsuit brought by angry customers against Sun Life.
Disclosure of Harm – Preliminary Consultation – CPSO
The College is currently reviewing its Disclosure of Harm policy, which sets out the expectations of physicians in situations where a patient has experienced harm in the course of medical treatment. We are inviting feedback at this preliminary stage to help inform our review of the policy.

Canada: Attendant Care Benefits – Family Members & Professional Health Care Designations 

Careful analysis of relevant case law dealing with family members claiming attendant care benefits pursuant to s. 3(7)(e)(iii)(A) of the Statutory Accident Benefits Schedule [“Schedule“] indicates that there are numerous factors to consider when determining eligibility. This case law examines whether a professional health care provider that is also a family member of the claimant (i) worked in that capacity at some point prior to the subject accident or at the time the attendant care services were provided; OR (ii) if not, he or she actively sought employment in that capacity at the time of the accident or at the time the services were provided.1 In addition, this case law reviews this family member’s professional designation and credentials prior to determining whether the attendant care benefits are payable. 

IBC poll reveals “high level of public frustration” over NL’s auto insurance

The Insurance Bureau of Canada (IBC) has released the results of its latest poll, which found that many consumers in Newfoundland and Labrador believe they are paying too much for car insurance. 

September 11, 2018