If a defendant wishes to use surveillance or investigative material as substantive evidence at trial, the defendant must comply with Rule 30.09, which sets out strict procedural requirements. Rule 30.09 requires the defendant abandon its privilege claim in writing, and provide a copy of the video, report or document to the plaintiff at least ninety days before the commencement of trial. Failure to comply with Rule 30.09 will limit the use of the material to impeachment purposes only, except with leave of the trial judge. The court has taken a strict approach to Rule 30.09 as can be seen in Youseef v. Cross, Giroux v. LaFrance and Smith v. Morelly. http://blog.mcleishorlando.com/blog/how-to-best-leverage-the-use-of-surveillance-and-investigation-in-court-part-3/
Author Archives: Admin2
A great first step – IBC comment in the Sun
Bill 171 is a huge step in the right direction, which is why the Insurance Bureau of Canada is pushing hard for all-party support when it comes to a vote in the Legislature (“Little benefit for victims,” Alan Shanoff, March 16). It’s a solid attempt to fix the broken dispute resolution system and it would re-set the interest rates for pre-judgment interest. The current pre-judgment interest rate for “pain and suffering” damages was fixed at 5% more than 20 years ago when the floating rate for these damages was 13.9%. Now, of course, market rates have dropped well below 5%, making 5% a vast overpayment. Not everything about Bill 171 makes sense to us. While we support speedier resolution of disputes, the proposed timelines sound unrealistic. Overall, with Bill 171, the government has sets its sights on fixing a very longstanding and thorny regulatory mess — the auto insurance dispute resolution process. Moving the dispute resolution process to the License Appeal Tribunal is an excellent first step. We look forward to working together to help put the staged car accident business out of business. That’s the only way to stop those who are illegally or inappropriately sucking money out of the system at the expense of injured motorists.
Ralph Palumbo Vice-President, Ontario Insurance Bureau of Canada(We agree with Shanoff. We see nothing in this legislation that helps people who are injured in car accidents) – Sun Editor
Telematics the death knell for brokers?
“I was absolutely flabbergasted when Desjardins bought State Farm,” said Cooke. “And with State Farm’s large book of Ontario clients – a book that has traditionally not been profitable – you have to ask yourself, why?”
Cooke theorized that Desjardins is looking ahead, looking to capture those clients and place itself in the position to service those auto clients in the future.
http://www.insurancebusiness.ca/news/telematics-the-death-knell-for-brokers-177022.aspx
Most Canadians think texting while driving should be a criminal offense
Canadians have differing ideas on what other kinds of distractions should be considered criminal offenses. http://www.insurance-canada.
FAIR Open Letter to Wynne, Sousa, Matthews March 20 2014
Accident victims see Bill 171, not as a fraud fighting measure but as a template for reducing benefits paid to injured drivers by way of legislation geared toward enhancing insurer profits.
Please stop trading accident victims’ rights to fair hearings, and the benefits they need for recovery, for insurer dollars.
Please stop capitulating to Ontario’s insurers and discriminating against those whose insurers have failed to stand behind their contracts by taking away their right to have their case heard. Stop letting assessors harm accident victims and start making regulation and enforcement work.
Please stop taking action that has made Ontario’s accident victims third class citizens and in the bargain allowed Ontario’s insurers to walk away from their responsibilities by downloading these costs to the taxpayer.
Discussion in the Legislature on Bill 171 – auto insurance Mar 17 2014
Mr. Jagmeet Singh: Now, I challenge the Liberal government, I challenge the members on the other side, to show me how this bill, particularly the two components I talked about-how will changing the dispute resolution system from the FSCO arbitrators to the Licence Appeal Tribunal reduce fraud? It won’t. I dare you to show me how it will. You can’t show that. So your title that says “Fighting Fraud and Reducing Automobile Insurance Rates Act” in that regard is false. I challenge you to show me how reducing the interest rates charged to encourage insurance companies to settle quicker-reducing them from 5% to 1.3%-reduces fraud in any way. I challenge you to show me how that reduces fraud. You won’t be able to show me that. Again, the title “Fighting Fraud and Reducing Automobile Insurance Rates Act” is false in those two areas, and those are the two biggest components of this bill.
Mr. Jagmeet Singh: There’s no incentive to settle quicker. This is another example of allowing the insurance industry to delay. They actually make money on delaying. They can take the amount of the settlement, if it’s a $100,000 settlement or a $400,000 settlement—whatever the settlement is, they can take that money and reinvest it and make more money. It actually benefits them to delay it. How does this reduce fraud? How does this benefit the drivers of Ontario?
New Co-operators program with UBI technology aims to reward safe drivers in Ontario
The 5% discount is applied automatically upon enrolment, and once the policy comes up for renewal – and once the vehicle has passed 125 days and 1,000 km – the discount will be recalculated based on the data collected, note reports The Co-operators, a Canadian-owned co-operative with more than $34 billion in assets under administration. http://www.canadianunderwriter.ca/news/new-co-operators-program-with-ubi-technology-aims-to-reward-safe-drivers-in-ontario/1002964281/
New bill proposes doubling fines, demerit points for distracted driving
It’s a broad, sweeping bill, changing the rules of the road. For the first time ever, drivers in Ontario will be required to stay at least one metre away when passing cyclists. And texting while driving or “dooring” a cyclist could cost you demerit points. Several groups have been pushing for these kinds of changes after some horrific fatalities on our roads. This new bill would hit people hard in the pocket book if they don’t follow these new rules of the road.
Canadians honest when it comes to insurance fraud, survey says
For the most part, Canadians say they are truthful when it comes to making claims on car, home or travel insurance. The survey found:
- Only 12 percent of Canadians said they would claim unrelated damage from an auto accident
- Only 11 percent would exaggerate what was stolen from their vehicle
- Only 13 percent would inflate the value of items lost if their luggage was stolen while on vacation
- http://collisionrepairmag.com/news/insurance/16481-canadians-honest-when-it-comes-to-insurance-fraud-survey-says
Little benefit for victims – What is most objectionable about Liberals’ Bill 177 is the haste with which it’s been introduced
According to the OTLA, “insurers will be set to profit particularly in serious cases as they can earn greater returns by delaying settlement and investing the funds.” Fair Association of Victims for Accident Insurance Reform also objects to the change stating, “there is no incentive to settle cases when insurers can make a fortune sitting on the dollars that are owed to the injured accident victim.”
http://www.torontosun.com/2014/03/15/little-benefit-for-victims