“Court of Appeal confirms that consultation and collaboration between counsel and expert witnesses is essential…” http://www.ontariocourts.ca/decisions/2015/2015ONCA0055.pdf
Author Archives: Admin2
Typical questions you will need to answer in your car accident case (Ontario)
Every injury case is different. That’s because every person is different; every accident is different, every injury is different; and everyone’s pre and POST accident health is different.
A Firm Stand
Canada’s insurance industry is making strides in the fight against fraud, but more needs to be done with regard to detection, prevention and deterrence. A strong strategy of deterrence, coupled with a clear and defined anti-fraud philosophy, must become more prevalent.
http://www.canadianunderwriter.ca/news/a-firm-stand/1003452006/?type=Print%20Archives
Liberal health care plans a pipe dream
“There can be no justification for doctors turning away patients or rationing care. We don’t believe Ontario’s doctors would let that happen.”– Dr. Eric Hoskins, Ontario’s Minister of Health and Long-Term Care
http://www.saultstar.com/2015/01/29/liberal-health-care-plans-a-pipe-dream—column
When is a Traumatic Brain Injury Considered “Mild”?
“Mild” traumatic brain injuries can cause significant emotional, physical, and cognitive impairments. Associated outcomes can include depression, post-concussion symptoms, disability, underemployment, low income, and marital instability. Yet, mild traumatic brain injuries often go undetected because of the inability of conventional imaging tests to identify them.
http://oatleyvigmond.com/mild-traumatic-brain-injury/#.VMqWjy5YwdV
New Policy on Travel Expenses for Treatment Providers Discriminates Against Rural Claimants
FSCO regularly publishes Bulletins which are meant to guide insurers and claimants on the permissible and impermissible practices surrounding claims for accident benefits. In FSCO Bulletin A-14/14, along with outlining regulatory amendments which were to take effect on December 1, 2014, FSCO also sent a strong message about mileage expenses for treatment providers, which will discriminate against claimants who live anywhere other than large towns and cities and which will also unfairly penalize treatment providers who are prepared to do field work instead of in-clinic work.
Expanding the duty of good faith
SCC has blown wide open the grounds for a contractual dispute
The Supreme Court of Canada’s landmark decision in Bhasin v. Hrynew [2014] S.C.J. No. 71, makes it clear that there is now a common law duty to act honestly in the performance of all contractual obligations. Previously, duties of good faith had been recognized in particular types of contracts (for example, in employment, insurance and franchise agreements), with respect to particular types of contractual provisions (as in contractual clauses which provide for the exercise of discretionary powers) and in particular types of contractual relationships.
http://www.lawyersweekly.ca/index.php?section=article&volume=34&number=35&article=3
It Is Not Open For a Trial Judge To Award a Defendant Double Costs Where a Plaintiff Obtains Judgement
Reasons for judgement were released today by the BC Court of Appeal (C.P. v. RBC Life Insurance Company) confirming that a trial judge does not have the option of awarding a Defendant double costs in circumstances where a Plaintiff obtains a judgement at a quantum below a Defendant’s formal offer to settle. In noting this restriction in judicial costs options the Court provided the following reasons:
New Ontario auto insurance dispute resolution system faces constitutional challenge
A Toronto-based personal injury lawyer is challenging, on constitutional grounds, an amendment to Ontario’s Insurance Act that changes the dispute resolution for auto insurance claims.
Resolving auto insurance benefit disputes stacked against public
TORONTO – With last year’s passage of Bill 15, the “Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014”, the handling of accident benefits disputes in Ontario is to be passed from the Financial Services Commission of Ontario (FSCO) to the Licence Appeal Tribunal (LAT).
http://www.ilstv.com/resolving-auto-insurance-benefit-disputes-stacked-public%E2%80%8B/