Author Archives: Admin2

June 21, 2019

Winds Of Change Blowing For The Insurance Industry

There are few news stories that arouse the imaginations of the Ontario electorate as insurance reform. One can only assume that tweaks to the Insurance Act regulations will be the talk of the summer, from patios to cottage docks. All joking aside, however, it is clear that some of the proposed changes are significant for consumers, and will likely trigger some heated debate amongst those in the industry. 
 
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Why this bar is partly liable for impaired driving accident

Offering 12 beers for less than half price might be a good way for your client to get a crowd of customers into its bar, but it is not necessarily the best risk mitigation strategy. 
 
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Scales tipped in insurer’s favour with LTD claims

Insurance companies are ramping up their scrutiny of long-term disability claims and employing tactics to deny benefits, Toronto personal injury and disability lawyer Nainesh Kotak tells Benefits Canada
 

June 20, 2019

Meet Ontario Premier Doug Ford’s newly shuffled cabinet

Premier Doug Ford unveiled a major restructuring of his cabinet Thursday, removing Vic Fedeli from his role as Ontario’s Finance Minister in the wake of a disastrous budget rollout that’s left the Progressive Conservative government drowning in negative publicity. 
 
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Distracted Driving Still a Major Problem in Canada

Toronto, ON, June 20, 2019 – A recent survey reveals an overwhelming number of Canadian drivers are illegally using their phones while they’re on the road. What’s worse, they don’t fully understand the effect a distracted driving offense may have on their insurance rates, says rate comparison company Rates.ca
 
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What’s in a name? When it comes to trusting self-driving technology, a lot

Drivers are far too trusting of self-driving technology, making them too comfortable with distractions behind the wheel — and a major reason why seems to be the names that car companies give to their rudimentary autonomous systems. 
 
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$65,000 Non-Pecuniary Assessment for Likely “Indefinite” Neck & Back Injury

In today’s case (Poulin v. Armstrong) the Plaintiff was involved in a 2013 collision.  She was a passenger at the time and was 14 years of age.  The Defendant admitted fault.  The crash caused soft tissue injuries to her neck and upper back which became chronic and were expected to linger indefinitely. 
 
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Province inches one step closer to scrapping auto insurance tax

The province of Newfoundland and Labrador has inched one step closer to scrapping tax on auto insurance after legislators introduced a proposed amendment to the Revenue Administration Act. 
 
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MPI reports record profits

Despite an increase in the number of auto claims, Manitoba Public Insurance (MPI) still managed to report a record profit of $159.1 million in 2018. 
 
 

June 19, 2019

Ontario considers raising driver, vehicle fees months after freezing them

TORONTO — Less than a year after freezing driver and vehicle fees in Ontario, the Progressive Conservative government is considering raising them again, while bracing for a “negative reaction.” 
 
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More bad news than good in auto insurance reform plan

As part of his first budget, Ontario’s Finance Minister Vic Fedeli recently unveiled “Putting Drivers First,” the government’s plan for auto insurance reform. 
 
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AB from Sea to Sea: A Look at Accident Benefits across Canada

The concept of accident benefits is well-known in almost every Canadian jurisdiction. This paper will focus on how the different systems operate, the benefits available, and practice tips that can be applied in cross-border cases. Comparisons between jurisdictions and unique facts about the different systems will also be discussed. 
 
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Insurance Policy Incorrectly Cancelled – Judgement Overturned on Appeal – Merino v. ING Insurance Company of Canada, 2019 ONCA 326

The appellant, Karla Merino, a pedestrian, was catastrophically injured when she was struck by a car driven by Timothy Klue. Mr. Klue and his wife, Sonia Abou-Khalil, were joint owners of the car. They had applied for automobile insurance coverage over three months before the accident and the respondent insurer had issued a one-year policy. However, because of misrepresentations in the application regarding Ms. Abou-Khalil’s driving record, the respondent insurer purported to rescind the policy shortly after issuing it, a couple of months before the accident. Mr. Klue did not drive the car from then until the day of the accident. 
 
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How Physiotherapists, Chiropractors, and Therapists Can Assist Injured Clients More Effectively

After someone is injured, they typically visit the local hospital and their family doctor. From there, they may be referred for physiotherapy, chiropractic treatment, or other forms of therapy. The therapists first assess the client and then begin to treat the client. Especially in the context of a motor vehicle accident, where the injured client is receiving accident benefits from his or her insurance company, what the therapist writes in his or her notes is very important. A few words can cause all the difference for the client to access only $3,500 in treatment as opposed to having access to $65,000 in treatment. 
 
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PTSD Includes Physical Symptoms. Here Are Some Of Them.

Our society tends to talk a lot about the ways that post-traumatic stress disorder impacts mental health. But the illness has profound effects across people’s well-being ― including their physical health. 
 
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Defence Doctor Opinion Rejected Where Plaintiff Not Examined and Diagnosis “Inferred”

In today’s case (Mladjo v. Etheridge) the Plaintiff was involved in a 2016 collision.  Fault was admitted by the Defendant.  The crash cause chronic soft tissue injuries and damages were assessed on this basis. 
 

June 18, 2019

After an Auto Accident: Understanding the Claims Process

If you’ve been involved in an auto accident and need to file an insurance claim, this booklet will help you understand how the claims process works. 
 
In the unfortunate event that you are involved in an auto accident involving injury or property damage, you will be required to file a claim with your insurance company. 
 
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Petition – Reverse Cuts to Legal Aid Ontario Funding

 
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$100,000 Non-Pecuniary Assessment for Central Neuropathic Pain With Poor Prognosis

In today’s case (Laliberte v. Jarma) the Plaintiff was involved in a 2015 vehicle collision.  She was a passenger in a vehicle driven by the Defendant that lost control “went through a fence and over a bump and landed in a field”.  Liability was admitted. 
 
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Concussion Is Brain Injury: Treating the Neurons and Me by Shireen Jeejeebhoy

Canadian author Shireen Jeejeebhoy recalls her years of seeking treatment, which is sometimes seemingly impossible to find, for a major concussion in Concussion Is Brain Injury: Treating the Neurons and Me
 
 

June 17, 2019

Why this vehicle accident defendant tried to quash $850,000 settlement
Adjusters handling auto liability claims shouldn’t be too quick to settle and take what the plaintiff’s lawyer is saying with a grain of salt. These are among the takeaways from Thursday’s Supreme Court of Canada decision in Fleury v. Paulus
 
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Courneyea v Mazzuca, 2019 ONSC 2105 (CanLII)

Adam Cournyea was injured in a car accident on September 13, 2012 and was examined for discovery on February 9, 2015. The pre-trial conference is scheduled for November 10, 2020 and a 25-day trial is set to commence on January 18, 2021.  
 
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CRA moves to slash ‘excessive’ fees charged by disability tax credit companies

The Canada Revenue Agency is proposing to dramatically slash what it calls “excessive” fees some companies charge to help Canadians apply for the disability tax credit, nearly five years after it was told to do so. 
 
 

June 14, 2019

Some interesting changes coming
 
Bill 100 (Chapter 7 of the Statutes of Ontario, 2019) An Act to implement Budget measures and to enact, amend and repeal various statutes
 
 
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Intact Financial starts offering photo estimation of claims

“Earlier this year, customers began to have the ability to use their mobile phones to start a claim right at the site of the accident, loading pictures of the damage to speed up the claims process. Throughout the product lifecycle, options for digital interaction are delivering a faster, simpler experience, while at the same time generating useful data for AI.
 
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Committee of MPs decides against calling for school-bus seatbelts in Canada

A committee of MPs who probed bus-passenger safety in Canada has decided not to call for seatbelts to be installed in school buses, urging further study instead.

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Forbes and Chisholm: If you lose a limb, you might have a tough time getting the care you need

Most Canadians would be shocked to learn that if they lose a limb, they are not appropriately covered by provincial health care or private insurance for artificial limbs. 
 
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RESPONDING TO THE MENTAL HEALTH NEEDS OF ONTARIANS:
 
A Case for Investing in Training Psychologists and Growing the Psychologist Workforce
 

June 13, 2019

Ontario regulation 123/19

Ontario government amends SABS to confirm that HST payments not to be included toward medical, rehabilitation and attendant care limits. Effective June 3, 2019.
 
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Legal aid cuts will clog Ontario’s already crowded courts, lawyers warn

Lawyers are warning that fresh changes to Ontario’s legal aid system triggered by Ford government funding cuts will clog up the courts and reduce people’s chances of getting a fair bail hearing.  
 
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Legal Aid Ontario to cut $14.5M from clinic system

Legal Aid Ontario has announced how it plans to slash more than $70 million from its budget, including a $14.5-million cut to clinics, amid a steep funding decline from the provincial government. 
 
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CU Total Loss Series: Bending Time

In the first two parts of our series on total losses, published in April and May, we estimated that the insurance industry is taking between 19 and 25 days on average to resolve a total loss. Assuming that average storage yard fees and rental costs alone cost an insurer approximately $105 per day, and assuming an insurer sees about 2,500 total losses a year, shaving 10 days off the cycle time would save about $2.6 million per year. 
 
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Installing Fear

This report provides an in-depth legal and policy analysis of technology-facilitated intimate partner surveillance (IPS) under Canadian law. In particular, the analysis focuses on a growing marketplace of spyware products that exists online and in major software application (app) stores. 
 
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Opioid Prescribing for Chronic Pain Quality Standard: Tools for implementation

Health Quality Ontario’s Opioid Prescribing for Chronic Pain Quality Standard provides guidance on the prescribing, monitoring, and tapering of opioids to treat chronic pain for people 15 years of age and older in all care settings. 
 
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$65,000 Non-Pecuniary Assessment for Likely “Indefinite” Neck and Back Injury

In today’s case (Poulin v. Armstrong) the Plaintiff was involved in a 2013 collision.  She was a passenger at the time and was 14 years of age.  The Defendant admitted fault.  The crash caused soft tissue injuries to her neck and upper back which became chronic and were expected to linger indefinitely. 
 
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ABI: The Silent Epidemic

Acquired brain injury (ABI) has become recognized throughout the world as a problem of epidemic proportions and it has become known as The Silent Epidemic.  Learn more about ABI, methods of prevention and how an OT can assist with recovery in the following infographic. 
 

June 12, 2019

Catastrophic benefit increase favourable to accident victims

News that the province plans to restore the default benefit limit for catastrophic injuries to $2 million is a “step in the right direction,” but it is still not adequate in many cases, says Toronto critical injury lawyer Dale Orlando
 
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Health professionals must address clients recording of discussions

Health professionals need to have clear guidelines about whether clients can record their discussions, with those either posted in the waiting room or discussed at the beginning of the appointment, says Toronto health lawyer Lonny Rosen
 
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Downey vows to keep working during extended summer break

On the first anniversary of Doug Downey taking office in Barrie-Springwater-Oro-Medonte, the MPP took a moment to reflect on the last 365 days and what he’ll do during the much-talked-about extended summer break. 
 
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Applicant has complete inability to carry on a normal life – 18-001560 EAU v Allstate Insurance, 2019 CanLII 22201 (ON LAT)

EAU was 22 when she was hit from the side driving her car through an intersection on November 26, 2015. She was injured and sought benefits from Allstate pursuant to the SABs, but when Allstate refused to pay NEBs, EAU applied to the LAT for dispute resolution. 
 
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Legal Aid Ontario cuts specifically target injured worker services
Today, Legal Aid Ontario announced how they will implement Doug Ford’s funding cuts. While the cuts will be devastating to a range of services and sectors, of particular interest to injured workers is the fact that the province’s three worker-focused clinics were singled out for particularly deep cuts.
https://injuredworkersonline.org/legal-aid-ontario-cuts-specifically-target-injured-worker-services/

June 11, 2019

Car Insurance in Brampton Will Continue to Rise This Year

LowestRates.ca, an online comparison site for insurance, mortgages, loans and credit cards, released its 2019 First Quarter Auto Insurance Price Index. The index shows the average cost of car insurance in Canada within each quarter of the year. This year’s index showed that Ontario, Alberta, and Atlantic Canada had high insurance rates in the first quarter of 2019. 
 
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Why a hard market calls for soft skills

With a hard market tightening its grip on the insurance industry, brokers will need to be on their toes. 
 
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Brian Goldfinger on the death of FSCO and the birth of FSRA

The Financial Services Commission of Ontario is a regulatory agency of the Ontario Government that use to regulate insurance, pension plans, loan and trust companies, credit unions, caisses populaires, mortgage brokers, and co-operative corporations in Ontario. 
 
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Boundary Violations General Consultation

The College’s Maintaining Appropriate Boundaries and Preventing Sexual Abuse policy is currently being reviewed. The draft Boundary Violations policy updates the College’s expectations for physicians to establish and maintain appropriate boundaries. 
 
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ICBC Expert Witness Rejected Due to “Selective View of the Facts”

In today’s case (Wong v. Draaistra) the Plaintiff was injured in two separate collisions.  Fault was admitted by the Defendants for the crashes.  In addition to physical injuries the Plaintiff developed “psychiatric or emotional problems that have likely increased and prolonged her physical pain, and have caused her life to shrink to near-isolation in an unmaintained home behind almost permanently closed blinds“. 
 

June 10, 2019

Ontario Launches New, Modern Financial Services Regulator

“The Financial Services Regulatory Authority (FSRA) of Ontario is a modern and innovative regulator with rule-making authority that promotes strong financial services and pensions sectors while protecting the public interest,” said Finance Minister Vic Fedeli. “Its mandate is to be open —open to new ideas, open to business, and open to consumer needs. FSRA has the flexibility to cut red tape, bring products to market quicker and be more responsive to the needs of businesses.” 
 
 
 
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Q& A: Why does an insurance settlement take so long?

We posed this question and others to Pete Karageorgos, the Ontario director of consumer and industry relations for the Insurance Bureau of Canada, the national association that represents insurers. 
 
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Expert blocking adding to cost, delay in justice system: Ford

Parties to personal injury litigation should be barred from burying unfavourable expert reports, says Toronto orthopaedic spine and trauma surgeon Dr. Michael Ford.   
 
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Applicant hit by motorcycle makes case for CAT impairment – 18-000169 KS v TD Home and Auto Insurance Company, 2019 CanLII 22189 (ON LAT)

KS was injured on October 28, 2014 while riding his bicycle. He was struck by a passing motorcyclist and flung from his bike, landing on the pavement and splitting his head open. As a result of the accident, KS sustained physical injuries to his head, upper body, knees and a fractured neck. He also claims he sustained psychological injuries as a result of the accident which have resulted in concentration issues, irritability, anxiety, stress and depression, as well as uncontrollable and sometimes violent outbursts. Over time, his impairments have compounded and he argues that he is now CAT impaired as a result of the accident. KS sought benefits from TD pursuant to the SABs.