In the threshold motion in Maxwell v. Luck, previously discussed here, Justice Howell pushed back against what is increasingly becoming a routine attempt by insurers to dismiss chronic pain on the basis of the lack of objective symptoms in personal injury claims. http://www.slaw.ca/2015/02/22/remedial-costs-for-unreasonable-settlement-on-threshold-motions/
Author Archives: Admin2
Spruce Grove man dying of cancer fighting for disability benefits
EDMONTON – A Spruce Grove man dying of cancer has spent one-and-a-half years fighting to have his Canada Pension Plan retirement benefits switched to disability benefits, but Service Canada has continually stated he does not qualify because his condition is not severe and prolonged.
Seven reasons why disabled Canadians are losing CPP benefits http://m.theglobeandmail.com/globe-debate/seven-reasons-why-disabled-canadians-are-losing-cpp-benefits/article19630200/?service=mobile
Ontario Privacy Commissioner weighs in on CPSO transparency issue
Information and Privacy Commissioner of Ontario
Feedback in PDF format.
Current College of Physicians and Surgeons of Ontario CPSO consultations in respect to transparency at: http://www.cpso.on.ca/Policies-and-Publications/Consultations and http://policyconsult.cpso.on.ca/?page_id=4981 Consultation closes April 1, 2015.
Current comments regarding transparency at: http://policyconsult.cpso.on.ca/?page_id=5062
How our health data is collected and used
The University of Guelph, University of Toronto and University of McMaster want to understand people’s feelings about the ways their health information is used.
http://www.guelphmercury.com/opinion-story/5346052-how-our-health-data-is-collected-and-used/
Injured Workers Group Release Platform for Change
Injured workers need a rehabilitation system that recognizes the special difficulties they face as persons with disabilities in obtaining and maintaining employment. In Ontario this rehabilitation system will seek to assist injured workers with both social integration and the attaining of suitable employment.
http://www.netnewsledger.com/2015/02/20/injured-workers-group-release-platform-for-change/
Ontario Court of Appeal clamps down on surveillance evidence
Surveillance evidence has long been an important tool for defence and insurance lawyers in personal injury cases. But a recent 55-page decision from the Ontario Court of Appeal, Iannarella v. Corbett, contains a thorough review of the law relating to surveillance and imposes decided limitations and conditions on its introduction as evidence.
Ontario residents flood provincial website with budget ideas
Why not tell our Minister of Finance how you feel about the fact that when Ontario`s insurers don`t pay the tax-payer picks up the costs of the care of injured auto accident victims.
Saddled with a $12.5-billion deficit, Sousa is eager to hear ways to increase revenues and reduce spending so he launched the “Budget Talks” site last week.
Top Five Highlights from Moore v. Getahun
It takes an exceptional issue to get both the Ontario Trial Lawyers Association and the Canadian Defence Lawyers reading from the same gospel, however the controversial comments regarding counsel/expert relationships in the trial decision in Moore v. Getahun (2014 ONSC 237) did just that.
http://otlablog.com/top-five-highlights-from-moore-v-getahun/
Rethinking Limits
Insurers in Alberta and British Columbia are obligated to provide notice of limitation periods to claimants. But a recent ruling out of Alberta makes reasonably clear that insurers in the province are not under an obligation to provide notice of limitation periods for claims with which they became aware prior to July 2012.
http://www.canadianunderwriter.ca/news/rethinking-limits/1003458802/?type=Print%20Archives
$64,000 Non-Pecuniary Assessment Following “Low Velocity” Collision
In today’s case (Park v. Abd El Malak) the Plaintiff was involved in 2010 rear end collision caused by the Defendant. The impact was not severe but did cause the Plaintiff injuries. The Defendant argued it was a low velocity impact and therefore the Plaintiff’s injuries must be from other causes. In rejecting this defense and awarding $64,000 in non-pecuniary damages for the Plaintiff’s injuries Mr. Justice Davies provided the following reasons: