Author Archives: Admin2

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August 30, 2018

by Admin2

Ontario car accident victims can be ‘hurt twice’ by lack of knowledge

Survey finds most drivers in the dark when it comes to claims for pain and suffering. Less than one in five (18 per cent) Ontario drivers are aware of the $37,983.33 statutory insurance deductible for pain and suffering caused by another driver.

https://www.kitchenerpost.ca/news-story/8868074-ontario-car-accident-victims-can-be-hurt-twice-by-lack-of-knowledge/#.W4deo920e70.twitter

Link to study: https://www.deutschmannlaw.com/insurance-study-2018

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Ontario’s Progressive Conservative government is breaking with a trend set by Ottawa and other provincial governments to publicly release ministerial mandate letters, as Premier Doug Ford’s documented instructions to his ministers have been designated a cabinet secret.

https://www.theglobeandmail.com/canada/article-premier-fords-government-will-not-release-its-ministers-mandate/?utm_medium=Referrer:+Social+Network+/+Media&utm_campaign=Shared+Web+Article+Links

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Over half of Canadians willing to embrace technology for a personalized discount on car insurance

TORONTO, Aug. 27, 2018 /CNW/ – Let’s face it, Canadians spend a lot of time in their cars. A new belairdirect survey by Leger found that while 71% of vehicle owners drive at least five days a week, 32% are actually driving less than 10,000 kilometres a year. Always looking to offer customers a best-in-class experience, belairdirect’s updated telematics tool, automerit, offers customers a personalized discount on their insurance for safe driving, and for those in Ontario, they may now be eligible for a discount for low kilometres.

https://www.newswire.ca/news-releases/over-half-of-canadians-willing-to-embrace-technology-for-a-personalized-discount-on-car-insurance-691788231.html

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Distracted Driving – A Larger Problem than Impaired Driving in Much of Canada

I’ve been posting a lot about distracted driving lately because the message isn’t getting through to many people. To be clear it is illegal, and unsafe. It is also now the leading cause of personal injury and death in car accidents in Quebec (more than impaired) and it is close to passing impaired driving as a leading cause of personal injury and death in the rest of Canada.

https://www.deutschmannlaw.com/blog/post/distracted-driving-a-larger-problem-than-impaired-driving-in-much-of-canada

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Regional Senior Justice Dismisses Plaintiff’s Attempt at Excluding Potential Jurors Who Drive and Pay for Automobile Insurance: Kapoor v. Kuzmanovski, 2018 ONSC 4770

The Ontario Superior Court of Justice recently heard a novel argument by a plaintiff in a civil motor vehicle accident action. The plaintiff brought a motion to exclude from her trial all potential jurors who drive and pay for automobile insurance premiums, or have premiums paid on their behalf, due to an “inherent conflict of interest”. The plaintiff argued that prospective jurors’ financial obligation to pay automobile insurance constituted a personal interest adverse to that of plaintiffs in motor vehicle accident cases. Regional Senior Justice Daley dismissed the motion in its entirety.

http://ztgh.com/resources/blog/regional-senior-justice-dismisses-plaintiffs-attempt-at-excluding-potential-jurors-who-drive-and-pay-for-automobile-insurance-kapoor-v-kuzmanovski-2018-onsc-4770

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Consultation: Review of Ontario government spending

Share your feedback to help make government programs more efficient and effective.

Your feedback will be used by the Ontario Government to inform work around the line-by-line review of spending on government programs and services.

We will report back on what we heard during this consultation in fall 2018.

https://www.ontario.ca/page/consultation-review-ontario-government-spending

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We need to equip lawyers with better trauma-informed legal skills

How clients react to emotional trauma is complex and difficult to predict. It is why representing clients who are experiencing trauma is always challenging at best. The danger, however, is that without proper training, it can be psychologically harmful to the client or lawyer, or both.

http://nationalmagazine.ca/Articles/August-2018/We-need-to-equip-lawyers-with-better-trauma-inform.aspx

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Ontario doc accused of sex abuse can work without restrictions: Court

TORONTO — A doctor accused of sexually abusing a patient will work without restrictions while his case is heard by Ontario’s medical watchdog, a court ruled Monday, reversing a decision by the regulatory body to place constraints on the gastroenterologist’s practice.

https://www.thesudburystar.com/news/national/ontario-doc-accused-of-sex-abuse-can-work-without-restrictions-court

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Basic Income Recipients Will Sue Ontario Over Cancellation

The PCs changed their tune in July and announced they would “wind down” the program. Participants hadn’t been notified before the press conference, and tell HuffPost Canada they still haven’t received further information about when their income will stop.

https://www.huffingtonpost.ca/2018/08/28/basic-income-recipients-will-sue-ontario-over-cancellation_a_23511127/

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No wonder our auto insurance premiums are so high!

Is it this type of questionable medical evidence behind the 58,105 people on the court docket http://goo.gl/Shn8kM waiting for hearings? What are all these hearings costing the taxpayers on top of what we are all paying for legal representation? Pretty expensive to keep Ontario’s insurers in business isn’t it?

This story has been playing out for a few years now – see the links below.

Platnick v. Bent, 2018 ONCA 687 DATE: 20180830 DOCKET: C63103 http://www.ontariocourts.ca/decisions/2018/2018ONCA0687.htm

A. OVERVIEW

[1] The appellant sued the respondents for libel, claiming damages of more than $15 million. The respondents defended the claim, advancing several defences, including justification and qualified privilege.

[2] The respondents successfully moved for a dismissal of the action under s. 137.1 of the Court of Justice Act, R.S.O. 1990, c. C.43 (“CJA”). The motion judge awarded the respondent, Maia Bent, her costs on a full indemnity basis, fixed at $282,943.42. He awarded the respondent, Lerners LLP, its costs on a partial indemnity basis, fixed at $30,000.

[3] The appellant appeals from the dismissal of the action. If that appeal is dismissed, the appellant seeks leave to appeal from the costs order.

[4] For the reasons that follow, I would hold that although the motion judge correctly determined that the expression in issue related to a matter of public interest, he erred in concluding that the appellant had failed to meet his onus under ss. 137.1(4)(a) and (b). I would hold that on a proper application of those provisions to the motion record, the appellant met that onus. I would further hold that s. 137.1 does not infringe s. 7 or s. 15 of the Canadian Charter of Rights and Freedoms.

[5] I would allow the appeal, set aside the dismissal of the action, and remit the matter to the trial court. Given my disposition of the main appeal, it is unnecessary to consider the application for leave to appeal the costs order.

[6] The appellant, Howard Platnick (“Dr. Platnick”), is a medical doctor. He spends much of his professional time preparing and reviewing medical assessments done in the context of disputes between insurers and persons injured in motor vehicle accidents. Dr. Platnick works mostly, but not exclusively, for insurers.

[7] The respondent, Maia Bent (“Ms. Bent”), is a lawyer and partner with the respondent law firm, Lerners LLP (“Lerners”). She acts for individuals who have been injured in motor vehicle accidents and are seeking compensation from insurers. At the relevant time, Ms. Bent was also the president-elect of the Ontario Trial Lawyers Association (“OTLA”), an organization of lawyers, law clerks, and law students who represent persons injured in motor vehicle accidents and who are involved in the automobile insurance dispute resolution process.

[103] Dr. Platnick gave extensive evidence in his affidavit about the negative impact of the email on his professional reputation, health, family life, and income. He claimed that within several days of the email being sent, insurers for whom he routinely did many medical assessments began cancelling appointments and stopped booking new ones. Dr. Platnick indicated that within a few weeks, almost all of his insurance work had dried up. By February 2015, about two-and-a-half months after the email was sent, some of the insurance work began to return to Dr. Platnick. He estimated that his income from that work remained at about 50% of what it had been before the email. Dr. Platnick claimed a loss of income for the period of January 1, 2015 to April 30, 2016, of $578,949. He filed an accountant’s report said to support that figure.

[104] On cross-examination, Dr. Platnick was not asked for further details about his alleged loss of income. He did, however, acknowledge that his gross income from insurance-related work in 2015 was “around” $1 million.

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The original media story: http://www.insurancebusiness.ca/ca/news/auto/medical-files-routinely-altered-to-suit-insurers-claims-fair-186692.aspx?p=1

Letter to MPPs regarding medical file manipulations Dec 23 2014

Background from the FAIR website re Platnick v Bent:

http://www.fairassociation.ca/2017/12/assessors-medical-opinion-evidence-libel-and-public-interest-case/

Platnick v. Bent – Endorsement (1) ONSC 7340 20161201

Platnick v. Bent – Endorsement Re Preliminary Motion (2) ONSC 7474 20161201

August 27, 2018

by Admin2

Can I Say “I’m Sorry” For An Accident?

You’re driving your car through an intersection on a green light. A bicyclist going the opposite way makes a sudden left turn across your path. You hit the brakes but can’t avoid the collision. The cyclist is knocked to the ground. You get out of your car and rush over to the cyclist. He’s obviously hurt. You feel badly. You blurt out, “I’m so sorry. I didn’t see you. Are you alright?”

https://www.thomsonrogers.com/news/can-i-say-im-sorry-for-an-accident/

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LAW TRIBUNAL EXAMINING DIAMOND’S ADVERTISING

The Law Society of Ontario says that lawyer Jeremy Diamond’s marketing is contrary to the Professional Rules of Conduct, according to a Law Society Tribunal “Notice of Application” filed Aug. 15.

https://www.lawtimesnews.com/article/monday-august-27-2018-16135/

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When parents give their kids permission to drive: the limit to ‘implied consent’

An Ontario auto insurer went too far in arguing that a motorist gave her son – whose license was suspended – implied permission to drive her vehicle because she left the keys on a hook while she was out of town.

https://www.canadianunderwriter.ca/insurance/parents-give-kids-permission-drive-limit-implied-consent-1004136166/

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Tow referral fee rules ‘hard to monitor and enforce,’ insurer warns

Auto insurance providers should remind motorists that in the event of an accident, it is usually the driver – not the tow truck operator – who decides where the car gets towed.

https://www.canadianunderwriter.ca/legislation-regulation/tow-referral-fee-rules-hard-monitor-enforce-insurer-warns-1004136102/

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Detroit mayor files suit against state over ‘exorbitant’ no-fault insurance rates

It seeks to have the state’s no-fault auto insurance law declared unconstitutional and then give the governor and Legislature six months to revise the law. If state leaders cannot find a solution, a judge should strike the no-fault law and order a return to a common-law tort system.

https://www.mlive.com/news/index.ssf/2018/08/detroit_mayor_files_suit_again.html

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How the Ontario Disability Support Program makes falling in love a challenging proposition

When Tim and Natalie Rose first moved in together, they had no idea that doing so would cause them to lose their income and leave them thousands of dollars in debt.

But that can be the reality for many couples when one or both partners receive assistance from the Ontario Disability Support Program, or ODSP.

https://tvo.org/article/current-affairs/-how-the-ontario-disability-support-program-makes-falling-in-love-a-challenging-proposition

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Can I split my ex’s disability CPP and insurance settlement?

Q: My ex-husband and I are separated but still legally married. He is 37 years old and was just approved for CPP Disability. He also received a lump sum for back pay CPP disability payments. If I apply for the pension/CPP credit split do I get back pay in a lump sum now too.? I’m receiving Ontario Disability Support Payments.

https://www.moneysense.ca/save/retirement/pensions/split-disability-cpp-insurance-divorce/

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Financial and recovery worry one year after traumatic injury: A prognostic, registry-based cohort study

Levels of stress post-injury, especially after compensable injury, are known to be associated with worse long-term recovery. It is therefore important to identify how, and in whom, worry and stress manifest post-injury.

https://www.injuryjournal.com/article/S0020-1383(18)30125-6/fulltext

August 23, 2018

by Admin2

Auto fraud getting worse, insurer says

Manitoba Public Insurance Corporation (MPI) is reporting an increase in auto insurance fraud, including false claims for income replacement benefits.

https://www.canadianunderwriter.ca/legal/auto-fraud-getting-worse-insurer-says-1004135991/

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MPI cracks down on insurance fraud

Toronto, Ontario – August 20, 2018 — Manitoba public insurance (MPI) is tightening up its security measures when it comes to insurance fraud, hoping it will result in lower insurance premiums, as reported by the Manitoba Sun.

https://www.collisionrepairmag.com/news/insurance/20892-mpi-cracks-down-on-insurance-fraud

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Canada: Auto Insurance Primer Part 4: Optional Benefits

Standard accident benefits ensure all Ontarians have a minimum amount of insurance coverage to protect them in the event of a car accident. However, changes to these limits in 2016 reduced these minimum levels greatly. In this final entry of our 4-part mini-blog series on auto insurance, we’ll suggest why purchasing additional optional benefits is a cost-effective way to keep you and your loved ones safe in the event of an accident.

http://www.mondaq.com/canada/x/729264/Insurance/Auto+Insurance+Primer+Part+4+Optional+Benefits

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Aviva Canada’s plan to decrease its exposure in Ontario auto

Aviva Canada is diversifying its portfolio of business to avoid exposure to deteriorating conditions in Ontario’s auto insurance market.

https://www.canadianunderwriter.ca/insurance/aviva-canadas-plan-decrease-exposure-ontario-auto-1004135273/

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Public Interest Regulation: Governance Reform at the Law Society of Ontario

The Law Society of Ontario (LSO) has launched a call for comments on potential governance reforms. Reform is long overdue. The governance of the LSO is archaic and in no way approximates the structure of a modern, effective board. To its credit, the LSO appears to recognize the problem and is attempting to move towards modernizing its governance.

http://www.slaw.ca/2018/08/22/public-interest-regulation-governance-reform-at-the-law-society-of-ontario/?utm_source=dlvr.it&utm_medium=twitter

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‘It doesn’t heal as quickly as the bones’: trauma survivors group offers peer support

TORONTO — Wednesday marks one month since a gunman went on a shooting rampage on a bustling street in Toronto’s Greektown, leaving two dead and 13 injured. Yet for these survivors, the trauma related to that night of violence may go far beyond their physical injuries.

https://nationalpost.com/pmn/news-pmn/canada-news-pmn/it-doesnt-heal-as-quickly-as-the-bones-trauma-survivors-group-offers-peer-support

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New Fitness to Drive Reporting Requirements

As a result of over 20 years of advocacy, the Highway Traffic Act was amended to provide more specifics around the types of medical conditions and impairments that are considered mandatory to report when assessing and reporting a patient’s fitness to drive. Correspondingly, the Ministry of Transportation’s (MTO) Medical Condition Report form was updated on July 1, 2018 to reflect this additional level of detail.

https://www.oma.org/sections/managing-your-practice/running-your-practice/fitness-to-drive/

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Long-term disability is an option for some people. However, do you really know what it is? When many people think of long-term disability insurance, they often think of this as a supplementary type of insurance that they do not need. While we hope that this is something that a person never has to use, the reality is that many people end up needing to use LTD through no fault of their own.

http://contelawyers.ca/common-myths-about-long-term-disability/

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Post-Concussion Syndrome and Disability Claims

Most people associate concussions with contact sports or combat, but a concussion could also occur as a result of a car accident, bicycle accident, slip and fall or an event that causes a blow t the head or violent shaking or movement of the head.

https://www.awaxmanlaw.ca/blog/post-concussion-syndrome-and-disability-claims

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SALMAN v. IPACS, 2018 ONSC 4803 (CanLII), <http://canlii.ca/t/htdb0

[1] The plaintiff’s action against the defendants is for damages for alleged lawyer’s negligence arising out of a settlement negotiated by the defendant, Robert Ipacs (“Ipacs”), of the plaintiff’s tort claim for injuries resulting from a motor vehicle accident. The settlement was agreed to by the plaintiff at a pre-trial on February 8, 2012.

[2] In her Amended Fresh as Amended Statement of Claim the plaintiff alleged that her interests were severely compromised by Ipacs’ negligent handling of her tort claim and his handling of the assessment of the final account of her previous lawyer Shawn Patey (“Patey”). Among the particulars of negligence pleaded in the statement of claim, the plaintiff alleged that Iapacs:

(a) failed to give her proper legal advice and instruct her on the possible consequences of accepting the offer of settlement of the tort claim;

(b) rashly advising the plaintiff to accept the tort claim offer when he knew or ought to have known that the offer was not adequate compensation for her injury, nor adequate to sustain her for the rest of her life; and

(c) being an incompetent legal advisor lacking in reasonable skill and experience such that he ought not to have been rendering legal advice.

[3] The defendants have brought a motion for summary judgment pursuant to rule 20 of the Rules of Civil Procedure dismissing the plaintiff’s action against them.

Background

[4] The plaintiff was involved in a motor vehicle accident on June 3, 2006 (the “accident”). The plaintiff initially retained a paralegal, Paula Stamp (“Stamp”), to handle her accident benefits claim arising from the accident. However the plaintiff retained Patey sometime in 2008 to assume carriage of the accident benefits claim following denials by the accident benefits insurer.

August 20, 2018

by Admin2

Law society triggers hearing into Diamond & Diamond’s marketing, client referrals

He has touted himself as an expert in his field and advertised his business as the tougher, trusted and “top-rated” law firm that fights for the little guy.

https://www.thestar.com/news/investigations/2018/08/17/law-society-triggers-hearing-into-diamond-diamonds-marketing-client-referrals.html

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Can Motorists be Jurors???

In Kapoor v. Kuzmanski, on the eve of a trial, the Plaintiff brought a novel motion to exclude potential jurors who drive and pay for automobile insurance or who have insurance premiums paid on their behalf from the jury pool. The Plaintiff suggested that an inherent conflict of interest arose for these potential jurors due to the widespread and publicly known fact that increased court awards and settlements increased automobile insurance premiums.

https://www.sbalawyers.ca/Can-Motorists-be-Jurors-?utm_source=Mondaq&utm_medium=syndication&utm_campaign=View-Original

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Road rage death results in three-year prison term

BARRIE – A London man was sentenced to prison Tuesday for killing another man in a “road rage” incident where hundreds of cranky drivers were trapped in a congested parking lot during a long weekend heat wave two years ago.

https://torontosun.com/news/local-news/road-rage-death-results-in-three-year-prison-term

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Court orders parent to produce underwriting file to prove she denied permission for her child to drive

If a parent does not give permission to a child to drive the car, then if the child gets into a serious accident, a court could order the parent to produce the underwriting file to prove they did not grant the child permission to drive.

https://www.canadianunderwriter.ca/insurance/court-orders-production-brokers-auto-underwriting-file-insurers-1004135805/?utm_source=dlvr.it&utm_medium=twitter

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Editorial: ICBC premium change won’t fix the problems

Over the past five years, ICBC’s premiums for basic car insurance have risen nearly 30 per cent. The company isn’t saying what it has in mind for the period ahead. But we can be sure that by any standard, car insurance is going to cost more over the next few years, and possibly a lot more.

https://www.timescolonist.com/opinion/editorials/editorial-icbc-premium-change-won-t-fix-the-problems-1.23404590

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Primary & Secondary Headaches

Following a car accident, with or without loss of consciousness, it is not uncommon for victims to suffer from either a short term or long term headache. Headaches can be classified into two main categories: Primary and Secondary.
Primary headaches are headaches without a known cause. The headaches include migraine headaches and tension type headaches or stress headaches. The onset of these headaches would usually be prior to and unrelated to a motor vehicle accident, but can worsen after the motor vehicle accident has occurred.

http://pickinguppieces.net/headache/

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A Traumatic Brain Injury is not something that anyone wants to mess around with. It is easy for a person to suffer even more serious injuries if they do not follow a certain set of guidelines.

You should know what you should and should not be doing after suffering from a Traumatic Brain Injury (TBI). The problem is that many people are abiding by the old set of rules that we once thought were the way to handle a TBI.

http://contelawyers.ca/not-sustaining-traumatic-brain-injury/

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How do you know if you have a good lawyer given the recent media on whether Ontario lawyers are exaggerating their experience or credentials?

There’s no magic crystal ball but you can search for information in various locations. You can search Canlii https://www.canlii.org/en/ using the name of the lawyer (use “quotations” and various spellings of the first and last names). This will tell you if your lawyer has been in a court room in Ontario or whether they’ve been successful.

Search the LSO website https://www2.lsuc.on.ca/LawyerParalegalDirectory/loadSearchPage.do.

You can search FSCO at: http://www.fsco.gov.on.ca/en/drs/Pages/arbitration_appeal_decisions.aspx .

Here’s where to search the names of lawyers who have current proceedings before the Law Society Tribunal https://lawsocietytribunal.ca/Pages/Mainpage.aspx#132

Tribunal Orders and Reasons also searchable https://lawsocietytribunal.ca/Pages/Orders.aspx#43

The Law Society of Ontario LSO (formerly Law Society of Upper Canada LSUC) is not exactly easy to search or to find information (see the bottom example).

Many of the upcoming hearings are in respect to truth in advertising:

https://lawsocietytribunal.ca/Current%20Proceedings/Sokoloff18H-098NOA.pdf

https://lawsocietytribunal.ca/Current%20Proceedings/Goldfinger18A-010NOAP.pdf

Law Society of Ontario v. Goldfinger, 2018 ONLSTH 103 (CanLII), <http://canlii.ca/t/ht9h9

https://lawsocietytribunal.ca/Current%20Proceedings/Mazin18H-054NOA.pdf

https://lawsocietytribunal.ca/Current%20Proceedings/Diamond17A-013NOAP.pdf

Law Society of Upper Canada v. Diamond, 2017 ONLSTH 191 (CanLII), <http://canlii.ca/t/h697h

Law Society of Ontario v. Diamond, 2018 ONLSTA 11 (CanLII), <http://canlii.ca/t/ht9h8

Other cases are about the failure to respond to the LSO but give little to no information about the complaints in the system. In the case below the lawyer is said to have 5 complaints though we could only find evidence of the failure to supply documents on the LSO website. A person would have to call and inquire what the nature of these complaints are. https://www2.lsuc.on.ca/LawyerParalegalDirectory/loadDisciplineSummaryDetailsPage.do?iD=PmAU4OwNpSY%3d&startPoint=0&currentPoint=1&sublistIndex=1

Law Society of Ontario v. Kerr, 2018 ONLSTH 65 (CanLII), <http://canlii.ca/t/hs3bb

Summary:

KERR – Failure to Co-operate – The Lawyer failed to reply promptly and completely to the Society’s inquiries in relation to four investigations, over a period of almost 12 months – He admitted his misconduct and he had no prior disciplinary record – The Lawyer described a series of staff disruptions and personal misfortunes, but there was no evidence from a health care practitioner about the medical condition he reported – In any event, during the period of his non-compliance, he was able to continue practising successfully – The Lawyer’s licence was suspended for one month, continuing indefinitely until he has provided a complete response to the Society’s requests regarding the four investigations.

REASONS FOR DECISION

OVERVIEW

[1] Raj Anand:– The Law Society alleged that Mr. Kerr (the respondent) failed to reply promptly and completely to its inquiries in relation to four of its investigations. Its evidence was contained in an affidavit of the Law Society’s investigator, which was admitted on consent. I made a finding of professional misconduct, which the respondent did not oppose, and I indicated that short written reasons would follow.

[2] Proceeding to penalty, Mr. Kerr testified and submitted additional evidence. Duty counsel submitted that the penalty should be a reprimand with conditions, while the Law Society asked for a one-month suspension. After argument, I reserved my decision.

[3] After considering the matter further, I order a one-month suspension, together with the agreed to amount of $4,000 in costs. These are my reasons.

PROFESSIONAL MISCONDUCT

[4] The affidavit evidence showed that over a period from May 3 to October 18, 2017, the investigator requested Mr. Kerr’s responses to the Law Society’s inquiries in order to proceed with five investigations. She received a response in one investigation on October 25, 2017, and none in the other four. During this period, the investigator wrote three letters and exchanged nine phone calls or messages with the respondent. The Law Society gave Mr. Kerr about six time extensions for response between May and October 2017.

https://lawsocietytribunal.ca/Current%20Proceedings/Kerr,%2018A-006%20Notice%20of%20Appeal.pdf

https://lawsocietytribunal.ca/Current%20Proceedings/Kerr18H-084NOA.pdf

August 16, 2018

by Admin2

Tories pledge to work with industry to lower Ontario auto rates

Ontario’s new finance minister is promising to work with industry to reduce auto insurance rates, but does not want the as-yet-unspecified plan to be a mere “photo opportunity.”

https://www.canadianunderwriter.ca/legislation-regulation/tories-pledge-work-industry-lower-ontario-auto-rates-1004135642/

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How individual insurers have responded to challenges in Ontario auto

Despite a consensus in the industry that auto insurance rates are inadequate in Ontario, not all insurers are trying to diversify their business to reduce their exposure to this particular line.

https://www.canadianunderwriter.ca/legislation-regulation/individual-insurers-responded-challenges-ontario-auto-1004135580/

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How the old catastrophic impairment definition still affects Ontario auto insurers

It has been more than two years since Ontario changed the definition of catastrophic impairment, but Canada’s largest auto insurer is still dealing with claims that arose under the old cat definition.

https://www.canadianunderwriter.ca/insurance/how-old-cat-impairment-definition-is-still-affecting-ontario-auto-insurers-1004135341/

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Where Canadian drivers pay the most (and least) for auto insurance

When it comes to auto insurance premiums in Canada, drivers in British Columbia pay the most, followed by Ontario, data supplied by Insurance Bureau of Canada (IBC) revealed Wednesday.

https://www.canadianunderwriter.ca/earnings-ratings/canadian-drivers-pay-least-auto-insurance-1004134702/

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“Based on actuarial data, drivers are placed into groups,” said Pete Karageorgos, director, consumer and industry relations with the Insurance Bureau of Canada (IBC) said in an e-mail. “Younger drivers, for example, are more likely to have a claim than a middle-aged driver, and this is reflected in the rates they pay.”

https://www.theglobeandmail.com/drive/culture/article-why-is-my-auto-insurance-company-allowed-to-charge-me-a-higher-rate/

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Court tosses elderly couple’s 15-year-old auto insurance claim

Fifteen years after their auto accident, an elderly couple representing themselves in court lost their bid to further postpone their claim against their auto insurer, following years of adjourning trial dates and failing to show up in court.

https://www.canadianunderwriter.ca/insurance/court-tosses-elderly-couples-15-year-old-auto-insurance-claim-1004134969/

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Are Accident Victims Getting A Fair Hearing Before The LAT?

When deciding whether an adjudicative proceeding like a trial or a tribunal hearing has been conducted fairly, appellate judges will often cite a fundamental judicial principle: “that justice must not only be done but must be seen to be done”. This principle stands for the fact that the public needs to have confidence that any such hearings are decided by the judge or adjudicator based on the evidence presented by the parties at the hearing in a fair and open forum. Part of this process means that the judge or adjudicator allows the parties to make submissions on points to which the adjudicator is directing their minds. If these decisions are made through the influence of any external factors this represents a fundamental problem to the judicial principle of fair adjudication.

http://kellysinghlaw.com/shuttleworth-v-lat-fair-hearing-license-appeals-tribunal-blog/

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How Long Term Disability Cases work in a Nutshell (Ontario)

Most LTD policies contain provisions that LTD insurers are entitled to a dollar for dollar credit of any money you receive from any other disability policy or income source. If are are receiving a disability pension from a pension plan, or a CPP Disability, or WSIB Benefits; the LTD insurer will want to know. They will then deduct dollar for dollar what income you are receiving and set off that amount against the LTD benefit owing. The result is that the insurer saves money.

https://www.torontoinjurylawyerblog.com/how-long-term-disability-cases-work-in-a-nutshell-ontario/

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What to Expect When a Family Member Has Sustained a Traumatic Brain Injury

When a loved one sustains a traumatic brain injury, the entire family is immediately affected. During the acute period, there is often a fear of the unknown. Family members will rally around their loved one while they try to understand what has happened and what the future will hold. All family members will experience the disability in some way and eventually they must all learn to cope with the reality of living with someone who has suffered a brain injury.

https://oatleyvigmond.com/expect-family-member-sustained-traumatic-brain-injury/

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Kapoor v Kuzmanovski – issue of jurors having a conflict of interest as rate-payers

https://www.advocates.ca/Upload/Files/PDF/Advocacy/Interventions/Kapoor_v_Kuzmanovski_Reasons_for_Decision_aug8.pdf?platform=hootsuite

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SALMAN v. IPACS, 2018 ONSC 4803 (CanLII), <http://canlii.ca/t/htdb0

Nature of the Action and Motion

(a) failed to give her proper legal advice and instruct her on the possible consequences of accepting the offer of settlement of the tort claim;

(c) being an incompetent legal advisor lacking in reasonable skill and experience such that he ought not to have been rendering legal advice.

[3] The defendants have brought a motion for summary judgment pursuant to rule 20 of the Rules of Civil Procedure dismissing the plaintiff’s action against them.

August 13, 2018

by Admin2

How It Works: Car insurance fraud

You’re driving along, minding your own business, when suddenly a driver darts in front of you and slams on the brakes. The crash damage is relatively minor, but the other driver claims to be injured, or knows a place that can fix your car. It’s all adding up to potential insurance fraud.

https://driving.ca/chevrolet/auto-news/news/how-it-works-car-insurance-fraud

https://www.insuranceinstitute.ca/en/cipsociety/information-services/advantage-monthly/0718-insurance-fraud

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Ontario’s Auto Insurance Charges: The fight for fair premiums, government honesty, and public scrutiny

The Insurance Bureau of Canada has been found to have spurred the government into cutting the coverage of auto insurance, and for nearly the last three years, the Financial Services Commission of Ontario and Ontario’s Ministry of Finance have hidden the records proving it.

http://clarkelaw.ca/ontarios-auto-insurance-charges/

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Insurers still dealing with claims from before Ontario’s auto insurance reforms

Reforms made to the auto insurance system in Ontario launched two years ago to change the definition of catastrophic impairment. However, despite the change, insurance companies are still dealing with the previous model. Indeed, the country’s largest auto insurance provider says many claims are still open from the previous cat definition.

https://www.shopinsurancecanada.ca/blog/news/insurers-still-dealing-with-claims-from-before-ontario-s-auto-insurance-reforms/

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Ontario PCs historically ‘very receptive’ to auto rate reform: Intact CEO

Ontario’s newly-elected government has been silent on auto insurance reform, but the head of Canada’s largest property and casualty insurance carrier is encouraged by the Progressive Conservative Party’s historical leaning towards loosening rate regulation.

https://www.canadianunderwriter.ca/legislation-regulation/ontario-pcs-historically-receptive-auto-rate-reform-intact-ceo-1004135322/

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How Ontario’s new government needs to handle the auto file

Although Ontario’s new Progressive Conservative government has not publicly disclosed its plans for auto insurance reform, the industry’s trade association has some thoughts on where it should go.

https://www.canadianunderwriter.ca/insurance/ontarios-new-government-needs-handle-auto-file-1004135337/

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IBC calls for Ontario government to follow recommendations from the Marshall report

During the Ontario elections earlier this summer, political parties made auto insurance reforms a major part of their campaigns. However, since being elected, the ruling Progressive Conservative government has not discussed its plans to reduce auto insurance prices in the province. While customers wait for information, the Insurance Bureau of Canada (IBC) has offered its thoughts on auto insurance in Ontario.

https://www.shopinsurancecanada.ca/blog/news/ibc-calls-for-ontario-government-to-follow-recommendations-from-the-marshall-report/

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Ontario’s plans for auto insurance reform still under wraps

A month after being sworn into office, Ontario’s new political rulers have been silent on the issue of auto insurance reform.

https://www.canadianunderwriter.ca/insurance/ontarios-plans-auto-insurance-reform-still-wraps-1004135169/

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Report: Auto Insurance Rates Rise in Ontario, Alberta and Atlantic Canada

TORONTO, July 31, 2018 /CNW/ – Today, LowestRates.ca, an online rate comparison site for insurance, mortgages, loans and credit cards, released its Q2 2018 Auto Insurance Price Index, which uses proprietary data to track the average cost of car insurance in Canada on a quarterly basis.

https://www.newswire.ca/news-releases/report-auto-insurance-rates-rise-in-ontario-alberta-and-atlantic-canada-689604631.html

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Rastin: allegation of undue influence has potential to undermine LAT

A recent Divisional Court of Ontario decision to set aside a ruling made by a provincial Licence Appeal Tribunal (LAT) adjudicator after the crash victim’s counsel received an anonymous letter is a serious matter, Barrie-area personal injury lawyer Steve Rastin tells AdvocateDaily.com.

https://www.advocatedaily.com/steve-rastin-rastin-allegation-of-undue-influence-has-potential-to-undermine-lat-1.html

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LSO allows lawyer to surrender licence in review that considered his mental health

A Law Society of Ontario tribunal has decided to move forward with the termination of a lawyer’s licence, in a decision that included a lengthy analysis of the lawyer’s mental health issues.

https://www.canadianlawyermag.com/legalfeeds/author/anita-balakrishnan/lso-allows-lawyer-to-surrender-licence-in-review-that-considered-his-mental-health-15992/

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Social media evidence may be used to refute personal injury claim

“It’s best to avoid social media entirely or at least use extreme caution if you are involved in a personal injury claim,” he says. “If you are seeking damages and expenses for rehabilitation but your social media posts contradict your injuries, that information could be used to refute your claim.”

https://www.advocatedaily.com/easy-legal-finance-social-media-evidence-may-be-used-to-refute-personal-injury-claim.html

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Transparency, ethics at heart of OTLA policy on litigation lenders

Transparency and ethical conduct are crucial to BridgePoint Financial Services Inc., who was supportive of the initiative adopted by the Ontario Trial Lawyers Association’s (OTLA) to establish a policy on the conduct of litigation loan companies, says Amanda Bafaro, the company’s Chief Risk Officer.

https://www.advocatedaily.com/bridgepoint-financial-services-inc—-amanda-bafaro-transparency-ethics-at-heart-of-otla-policy-on-litigation-lenders.html

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Vehicle accident plaintiff loses bid to appeal without paper court transcripts

A motor vehicle accident victim wanting to appeal a personal injury lawsuit award without having to pay to get paper court transcripts has lost her bid to appeal using audio court records.

https://www.canadianunderwriter.ca/insurance/1004134822-1004134822/

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Big Data is bringing credit score issue to the fore

Customers are asking for “transparency” from insurers on how they price and underwrite insurance, Jean-François Larochelle, director of Intact Insurance’s Data Lab, said during a recent webinar, Insurance Analytics to Supercharge Performance. Held July 18, the webinar was produced by Insurance Nexus, a part of FC Business Intelligence Ltd. based in London.

https://www.canadianunderwriter.ca/insurance/can-insurers-finally-stop-using-credit-scores-for-underwriting-1004134983/

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MNR Class Action Discontinued

On September 14, 2016, Peter MacDonnell Burgess, as Representative Plaintiff, commenced an Action in the Ontario Superior Court of Justice against Her Majesty the Queen in right of Ontario (“MNR”) incorrectly named as Her Majesty the Queen in Right of the Province of Ontario, as represented by the Minister of Natural Resources and Forestry for the Province of Ontario.

https://oatleyvigmond.com/mnr-class-action-discontinued/

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Car crash victim’s bid for a multi-million dollar payout gets new life after court ruling

A judge’s finding that the head of a provincial government agency meddled in an insurance claim brought by a woman seriously injured in a car crash is grabbing the attention of other ruling bodies Ontario-wide.

https://www.cbc.ca/news/canada/toronto/car-crash-victim-s-bid-for-a-multi-million-dollar-payout-gets-new-life-after-court-ruling-1.4764865

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Should cost protection insurance be mandatory?

As cost protection insurance becomes more common as part of litigation financing in Canada, lawyers have noted that, in the United Kingdom, lawyers are required to let commercial litigation clients know about its availability or they can be found negligent. Lawyers say it is already becoming good practice in Ontario to discuss cost protection insurance with clients.

https://www.lawtimesnews.com/author/dale-smith/should-cost-protection-insurance-be-mandatory-15996/

https://www.advocatedaily.com/maia-bent-case-law-unsettled-around-new-adverse-costs-insurance-products.html

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How Ontario car accident cases and Pain and Suffering awards work in a nutshell

In this “nutshell” series of the Toronto Injury Lawyer Blog, we take a quick examination of how exactly car accident cases w0rk in Ontario, and what to expect.Ontario has a very strange system of car insurance. When explained to a lay person, Ontario’s no fault accident benefit and tort system for car accident claims sounds backwards

https://www.torontoinjurylawyerblog.com/how-ontario-car-accident-cases-and-pain-and-suffering-awards-work-in-a-nutshell/

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A Closer Look at Critical Illness Insurance

Critical illness insurance is a type of life insurance. Critical illness insurance is meant to help cover medical expenses and ease the financial stress of a difficult situation. It is considered a “living benefit” insurance that offsets your lost income during your illness and its main purpose is to help pay for additional expenses incurred by those who survive a major illness (one of the “covered conditions” under the policy).

https://www.awaxmanlaw.ca/blog/critical-illness-insurance-closer-look

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Welcome to the Continuity of Care General Consultation Page

Continuity of Care is an essential component of patient-centered care. Test results that are delayed or missed, limited physician availability and accessibility, receiving care in an uncoordinated manner, and transitions in care all create the potential for breakdowns in continuity of care that may negatively impact patient health outcomes and the quality of care provided.

http://policyconsult.cpso.on.ca/?page_id=10258

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So it happened…The Ford government put a halt to the necessary to the long fought gains… Here is our coalition statement.

Yesterday afternoon the Ontario government announced its plan for “helping people” is to halt the previous government’s commitments to make practical regulatory improvements to the social assistance system. Instead, this government announced that it would be slashing the promised social assistance rate increase by 1.5%, cancelling the basic income pilot project and also cancelling other scheduled changes that were simply a reflection of our rights such as an alignment of ODSP with family law and a smaller clawback on the earnings of those who can work. The ODSP Action Coalition, a provincial network led by people in receipt of ODSP, disability service providers, community agencies, and legal clinics is appalled by the callousness with which this government is playing politics with our lives.

https://mailchi.mp/a6dddc0828a9/what-you-need-to-know

Next General Coalition meeting

https://mailchi.mp/b2d428341f9f/what-you-need-to-know-344587

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There is nothing compassionate about Minister MacLeod’s announcement: Ontario’s cuts to social assistance will hurt the most vulnerable in Ontario

Minister MacLeod’s announcement to cut social assistance rates by 1.5 per cent will take approximately $150 million out of the hands of people who are among the most vulnerable in Ontario.“People on social assistance continue to live well below the poverty line and would have used the additional much-needed money to pay for basic necessities,” says Jackie Esmonde, Staff Lawyer at the Income Security Advocacy Centre (ISAC).

http://incomesecurity.org/policy-advocacy/ontarios-cuts-to-social-assistance-will-hurt-the-most-vulnerable/

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MACLEOD: Reforming Ontario’s broken social assistance system

One of the first things I did after taking on the job of Minister of Children, Community and Social Services was to review the social assistance system that our government inherited.I’ve always believed that Ontario Works is meant for short-term support through tough times, but more and more people rely on it for longer than ever before

https://torontosun.com/opinion/columnists/guest-column-reforming-ontarios-broken-social-assistance-system

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Ontario PCs roll back Liberal-era social assistance changes

Ontario’s new Progressive Conservative government is rolling back social-assistance changes put in place by the former Liberal government, announcing reductions to planned increases in rates and the cancellation of a pilot project to establish a basic income for recipients.

https://www.theglobeandmail.com/canada/article-ontarios-progressive-conservative-government-scraps-basic-income/

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A traumatic head injury can happen when you least expect it. There are many reasons why these types of head injuries happen.For example; a slip and fall, being involved in a car accident, playing sports or even attending a sporting event. The key with head injuries is that they can either be very noticeable or go unnoticed.

http://contelawyers.ca/how-to-detect-a-traumatic-head-injury/

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Mild TBI Patients Lack Follow-up Care After ED Discharge

Most patients treated for mild traumatic brain injury (TBI) at level-one emergency departments did not see a clinician for follow-up care or receive educational materials at discharge, researchers for the TRACK-TBI study reported.

https://www.medpagetoday.com/neurology/headtrauma/73117

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Law Society of Ontario v. D’Alimonte, 2018 ONLSTH 86 (CanLII), <http://canlii.ca/t/hsncm

Summary:

D’ALIMONTE – Misleading Advertising – Referrals from Non-licensee – Findings and Penalty – The Lawyer admitted to professional misconduct and had addressed the Society’s concerns before the hearing – He had marketed his legal services through TV ads and a website that were misleading and confusing – The website also improperly advertised the provision of second opinion services and suggested that he was a specialist, though he was not certified by the Society – He received referrals from a call centre, on the basis that it would receive a financial reward – The panel accepted a joint submission for a reprimand – Though the misconduct was serious, it occurred during a period of transition, before misleading advertising had become the subject of the current increased scrutiny.

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Wray v. Pereira, 2018 ONSC 4622 (CanLII), <http://canlii.ca/t/ht8z6

The Parties Positions

[5] The defence position is that Dr. Ogilvie-Harris’ report duplicates the opinions provided by Dr. Luba and that the inclusion of a second orthopedic surgeon, whose conclusions are the same as the first, is not in the interest of a speedy and just resolution of this matter. Further, the defence argued that Dr. Ogilvie-Harris has been found to have blurred the boundary between acting as an expert witness and acting as an advocate in a number of court decisions. Finally, the defence refers to the fact that in responding to the plaintiff’s case, it only has one expert and that allowing the plaintiff to introduce evidence from two orthopedic surgeons would unfairly prejudice the fairness of the trial for the defendants.

[6] The plaintiff in response takes the position that while there is some overlap between the evidence of Dr. Luba and Ogilvie-Harris, there are also a number of important differences which justifies allowing both physicians to testify. They also argue that to exclude Dr. Ogilvie-Harris, would leave the defence with the only rule 53 expert testifying at trial. It is argued that this would unfairly prejudice the plaintiff’s ability to present its case at trial. They refer to the fact that Dr. Ogilvie-Harris has challenged the opinion of the defence Orthopedic Surgeon, Dr. Finkelstein, whereas Dr. Luba as a participant expert has not “entered the debate”.

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Wray v. Pereira, 2018 ONSC 4621 (CanLII), <http://canlii.ca/t/ht8z5

1] This action arises out of a motor vehicle accident which occurred on December 31, 2012. The case is being tried before a jury. The plaintiff alleges that he suffered a serious orthopedic injury to his right knee as a result of the motor vehicle accident. The evidence at trial indicates that the plaintiff had a significant pre-existing arthritic condition prior to the accident. The plaintiff asserts that he was asymptomatic prior to the accident, but that the arthritic condition has been rendered symptomatic as a result of the accident.

[2] The plaintiff has previously called two orthopedic surgeons who have given opinion evidence. This evidence links the plaintiff’s current condition to the accident. The defence now wishes to call Dr. Joel Finkelstein as a medical expert. It is anticipated that Dr. Finkelstein will give an opinion that the plaintiff suffered a knee strain as a result of the accident which resolved within six to eight weeks. Dr. Finkelstein is expected to give an opinion that the plaintiff’s current condition is the result of his pre-existing arthritic condition.

[3] A voir dire was held to determine the admissibility of Dr. Finkelstein’s evidence. The plaintiff objected to the admission of Dr. Finkelstein’s evidence on the basis that he has relied on inadmissible evidence in reaching his opinions. Specifically the plaintiff objects on the basis that Dr. Finkelstein has reviewed a surveillance video taken by the defendant’s investigator. This is referenced in his report. In a previous ruling I held that the surveillance video could not be used for substantive purposes in this action in large part based on the defendant’s failure to comply with their disclosure obligations.

[4] The defence position is that it will suffer serious prejudice if Dr. Finkelstein is not allowed to testify. The defence argues that any prejudice can be minimized by requiring Dr. Finkelstein not to make any reference to the surveillance evidence in the course of his evidence. In response to this argument, the plaintiff states that there will still be significant prejudice because they will not be in a position to cross-examine Dr. Finkelstein about some of the evidence which he has relied upon in reaching his opinion. To do so would inevitably bring the existence of the surveillance, which has been held to be inadmissible, to the attention of the jury. The plaintiff therefore reiterates that it will suffer prejudice which cannot be remedied if Dr. Finkelstein is allowed to testify.

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Wray v. Pereira, 2018 ONSC 4623 (CanLII), <http://canlii.ca/t/ht8z7

[18] In the present case there would not appear to be any basis to exclude the surveillance evidence for purposes of impeachment. This is based on the fact that the defendants did disclose the existence of the surveillance report in their Affidavit of Documents and presumably would have disclosed the particulars of the surveillance had they been asked about this at examination for discovery.

[19] However, by failing to produce the surveillance video when they were required to do so, I have concluded that there will be significant prejudice to the plaintiff if the evidence is used substantively by the defence. The plaintiff has not had the benefit of considering the surveillance in the context of any pre-trial settlement. This includes consideration of the surveillance video in the preparation and delivery of any rule 49 offers. In addition, given that the defence motion was not brought until the plaintiff was giving his evidence, the plaintiff is at some disadvantage in planning the most effective strategy for dealing with this evidence in the plaintiff’s examination in chief. The plaintiff also argues that they have been disadvantaged because they have not had an opportunity to obtain responding reports from medical physicians they intend to call at trial. They refer to the fact that there is an order excluding witnesses which prevents them from speaking with these witnesses. I am mindful that there could be an order made to address this situation. For example, I could provide an exception to the order excluding witnesses which would facilitate the preparation of responding reports by the plaintiff’s experts. In any event, it is my understanding that the medical witnesses have in fact been shown a copy of the surveillance video.

[20] However, there are more general concerns about allowing the surveillance evidence in at this point. The defence motion was not brought until after opening statements were made by both parties to the jury and the plaintiff had started to give his evidence in chief. The defence argues that the plaintiff could have brought a motion itself to exclude the surveillance evidence earlier. However, I accept the plaintiff’s position that it was not entirely clear whether the defence intended to introduce the video for substantive purposes. There was no clearly stated position by the defence about their intended use of the video when they delivered the video surveillance to the plaintiff on May 7, 2018. The reason for the plaintiff’s demand for the video surveillance was on the basis that privilege may have been waived by the plaintiff if in fact the video surveillance had been given to Dr. Finkelstein. It is also apparent that the onus to bring a motion for leave under rule 53.08 lies with the party seeking leave to introduce the evidence, which in this case is the defendant.

[21] This is not a situation where an adjournment can cure the potential prejudice to the plaintiff. The trial has commenced. The time for making offers to settle under rule 49 have expired. The parties have committed to their positions in the openings which have been given and much of the plaintiff’s evidence in chief has already been given. Defence counsel has suggested that this problem has been caused as a result of the court’s refusal to grant them the adjournment requested. However, at the time of the adjournment request no reference was made to this issue, and therefore it was not considered by me.

Conclusion

[22] This case bears a number of similarities to the Iannarella decision. There have been clear violations by the defence of their obligations to produce the video surveillance at a much earlier stage of the litigation. As a result of the defence conduct, there is the potential for significant prejudice to the plaintiff due to the defence failure to comply fully and rigorously with its disclosure and production obligations. Granting leave to the defendants under rule 53.08 to use the video surveillance for substantive purposes is not appropriate given the potential for prejudice to the plaintiff. The defendants’ application for leave under rules 30.09 and 53.08 is therefore dismissed. The surveillance evidence may not be used for substantive purposes by the defence.

July 19, 2018

by Admin2

A ‘startling turn of events’: Judge rules case points to improper influence in Ontario auto insurance disputes

Mary Shuttleworth was the front seat passenger in her friend’s Pontiac Sunfire on a winding Ontario country road early one rainy morning in 2012 when a pickup truck came around a corner, clipped it on the front headlight, and sent it spinning into a ditch, where it landed “with the nose pointed up, looking at the stars.”

https://nationalpost.com/news/a-startling-turn-of-events-judge-rules-case-points-to-improper-influence-in-ontario-auto-insurance-disputes?utm_term=Autofeed&utm_campaign=Echobox&utm_medium=Social&utm_source=Twitter#comments-area

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The Canadian insurer that will seek a rate decrease later this year

One Canadian public insurer is bucking the trend – seen across the country – of carriers asking to raise auto rates.

https://www.canadianunderwriter.ca/insurance/canadian-insurer-will-seek-rate-decrease-later-year-1004134662/

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IBC: BC pays the highest auto insurance premiums in Canada

The Insurance Bureau of Canada (IBC) has released a statement saying that of all the provinces and territories, British Columbia pays the highest auto insurance premiums in the country.

https://www.insurancebusinessmag.com/ca/news/breaking-news/ibc-bc-pays-the-highest-auto-insurance-premiums-in-canada-106420.aspx

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Where premiums actually went down in Canada

Average premiums for personal auto in Atlantic Canada decreased for the second consecutive quarter, according to Applied Systems’ latest quarterly rating index. On the other side of the country, in British Columbia, average personal property premiums also decreased for the second quarter.

https://www.canadianunderwriter.ca/insurance/premiums-actually-went-canada-1004134601/

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Is privacy the price for affordable premiums?

A new insurance solution is becoming the hot ticket in Canada and it is probably going to be the future of auto insurance. You can call it usage-based insurance (UBI) or pay-as-you-go insurance, both mean the same thing. This new method promises to lower your premiums, but will you have to give up your data in the process.

https://www.shopinsurancecanada.ca/blog/news/is-privacy-the-price-for-affordable-premiums/

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Important changes coming to OW and ODSP programs

Individuals enrolled in Ontario Works (OW) and the Ontario Disability Support Program (ODSP) may be interested to know of upcoming changes to the two programs that may impact them.

http://ontario.cmha.ca/news/important-changes-coming-to-ow-and-odsp-programs/#.W0ZQVxbxqog.facebook

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CRA loses court challenge to its political-activity audits of charities

An Ontario judge has pulled the rug out from the Canada Revenue Agency’s political-activity audits of Canadian charities, ruling the Income Tax Act infringes on the constitutional right to free expression.

https://www.cbc.ca/news/politics/charity-political-audits-cra-lebouthillier-farha-poverty-environmental-gray-liberal-1.4750295

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Income replacement benefits before and after the 104 week mark

When involved in a motor vehicle collision, you are able to collect no-fault benefits from your insurance provider. If you are unable to return to work as a result of your injury, then one of the benefits you receive from your insurer are income replacement benefits (IRBs). The amount received in IRBs is 70% of your gross pre-injury income, up to a maximum of $400.00 per week.

https://www.advocatedaily.com/McLeish-Orlando–Nick-Todorovic-and-Hudson-Chalmers–Summer-Student-income-replacement-benefits-before-and-after-the-104-week-mark.html

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But You Look Good: Living with Disbelief of Invisible Illness and Pain

Each time we are told that we ‘look good’ or ‘look well’ by people who have little concept of even the lengths we have gone to just to connect with them at all, it carries with it an additional pain of appearing ‘well’ or ‘normal’ despite how awful we actually feel.

http://princessinthetower.org/but-you-look-so-good-living-with-invisible-chronic-illness-and-pain/

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What does poverty look like in Canada? Survey finds one-in-four experience notable economic hardship

July 17, 2018 – What does it mean to be poor in Canada? Does it mean having to rely on food banks and payday loans to make ends meet? Does it mean struggling to afford warm clothes for the winter? What about having to live far away from work or school?

http://angusreid.org/poverty-in-canada/

July 16, 2018

by Admin2

Lawyer who claimed he was voted ‘No. 1 in Client Satisfaction’ hit with misconduct finding

An Ontario personal injury lawyer who claimed on his website that he was voted “No. 1 in Client Satisfaction” and boasted of winning “millions and millions of dollars” for his clients has been found to have committed professional misconduct by the province’s legal regulator.

https://www.thestar.com/news/investigations/2018/07/14/lawyer-who-gave-himself-awards-hit-with-misconduct-finding.html

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Understanding Ontario Personal Injury Mediation Process

Every lawyer understands that navigating through the process of a personal injury claim can be stressful for the victim and their family. The amount of emotional pressure he or she (the victim) can experience during the litigation process including mediation and trial can large and can make the victim more vulnerable.

https://www.lexology.com/library/detail.aspx?g=2e5768c4-cffe-4f6c-aeaf-ac86b8585a99

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Thursday Thinkpiece: Anticipating and Managing the Psychological Cost of Civil Litigation

Michaela Keet and Heather Heavin have published extensively about Litigation Risk Assessment. For access to some of this work, see the CREATE Justice website. Professor Heavin is Associate Dean of Research and Graduate Studies at the University of Saskatchewan, and Professor Michaela Keet is also on faculty at the U of S. Shawna Sparrow is a third-year student in the College of Law. With a B.Ed., Shawna has past experience working with young adults and decision-making processes. She will be clerking at the Saskatchewan Court of Appeal.

http://www.slaw.ca/2018/07/12/thursday-thinkpiece-anticipating-and-managing-the-psychological-cost-of-civil-litigation/

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Expand the small claims court to protect access to justice

Our new premier has promised to find efficiencies and reduce spending without cutting jobs or services. This goal can be advanced in the justice sector with one easy change: raise the limit for small claims court cases to $50,000.

https://www.thestar.com/opinion/contributors/2018/07/12/expand-the-small-claims-court-to-protect-access-to-justice.html

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The Journey Home – Part 2

After spending my first night in the hospital, I am now being told that I was rear-ended and pushed into a transport truck. Why can’t I remember anything? How did this happen to me? I am such a good driver. No one likes to be in the hospital let alone admitted to a trauma floor. I feel defenceless as I am being taken for exrays, MRI’s and CT’s. Nurses are constantly drawing blood what on earth were they testing me for? Nurses are injecting medication through my I.V’s and handing me dixie cups with medication.

http://pickinguppieces.net/the-journey-home-part-2/

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Injured workers in Ontario advised to seek opioids instead of cannabis

Injured workers in Ontario, Canada who wish to treat their conditions with cannabis are being forced to use opiates instead. According to the CBC, the Ontario Workplace Safety and Insurance Board (WSIB) is refusing to cover cannabis for patients licensed to use medical marijuana.

https://www.straight.com/cannabis/1102796/injured-workers-ontario-advised-seek-opioids-instead-cannabis

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Brain Injury Leads to Innumerable Losses

My neurodoc once told me that life involves saying goodbye. Friends come; people go. It’s the way of life; you gotta accept it. Solid advice, given with a kind smile. There was only one thing wrong with it: the number of losses I’ve had since my brain injury outstrip the ones I had before.

https://www.psychologytoday.com/ca/blog/concussion-is-brain-injury/201805/brain-injury-leads-innumerable-losses

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Anjum v. Doe, 2018 ONSC 4344 (CanLII), <http://canlii.ca/t/ht01p

[16] The determination as to a lawyer’s entitlement to a charging order for fees and disbursements in an action depends on whether it can reasonably be said that a settlement or judgment obtained by the client will have been achieved through the “instrumentality” of the lawyer’s efforts. It is my view that in the circumstances of the present case, this can reasonably be said.

[17] In order to obtain a charging order on property, a solicitor must demonstrate that:

• The fund or property is in existence when the order is granted.[1]

• The property was “recovered or preserved” through the instrumentality of the solicitor.[2]

• The client cannot or will not pay the lawyer’s fees.[3]

[18] In the present case, the property that is in existence at the present time is the cause of action that, on the eve of trial, Mr. Alam has brought to near fruition on Mr. Anjum’s behalf. If Mr. Anjum obtains a judgment or recovers the proceeds of a settlement at this point, there can be little doubt that it will have been “recovered or preserved” through Mr. Alam’s efforts.

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Gouthro v. Intact Insurance Company, 2018 ONSC 4060 (CanLII), <http://canlii.ca/t/hswbz

[19] In the accident benefit action, the questions are more complex since the jury must determine whether the substantial inability to work post 104 weeks is a result of the aggravation of a pre-existing condition. In other words, were the pre-existing migraine headaches aggravated by the accident, and which incapacitated her for the first 104 weeks, back to the level they were at prior to the accident? Or are they now fully managed so that the test of complete inability post 104 weeks has not been met?

[20] This analysis would bring into the play the theory of causation, and the questions on causations must be carefully worded so as to avoid confusion. The jury must determine whether, post 104 weeks, the plaintiff has proven on the balance of probabilities that she has a “substantial inability to perform the essential tasks of her employment” to “a complete inability” to perform her pre-accident employment or any alternative occupation that is reasonably comparable to the insured’s former job both in status and reward. Further, the plaintiff must prove that the inability is the result of “an incident in which the use or operation of an automobile directly causes an impairment”. See Schedule SS 3(1) sub nom “accident” and 6(2)(b).

[21] Even though the questions that the jury has to answer may be complicated, our courts have a held that consolidations of the tort and accident benefits claims can take place. See Harrison, Craig-Smith, Reeve, and Parsniak (supra).

[22] What further complicates this case is that the plaintiff’s relief is for a “declaration” that she is entitled to receive income replacement benefits and medical benefits pursuant to the statutory accident benefits schedule. Section 108(2)(10) of the Courts of Justice Act, R.S.O. 1990, c. J.1, precludes a jury from granting the declaratory relief. Counsel have assured me that the plaintiff is seeking damages and not a “declaration”, thereby permitting a jury trial. That admission alleviates this potential issue.

[23] Considering all of these factors, and particularly the factors enunciated by Master Dash in 1014864 Ontario Limited (supra), I conclude that consolidation of the tort and accident benefits claims ought to take place.

July 12, 2018

by Admin2

Did a whistleblower cause the reversal of an Ontario car insurance decision?

If you’ve ever had a disagreement regarding an automobile insurance payout, maybe you should pay attention to this article. If you’re one of the applicants to the Ontario Licence Appeal Tribunal (LAT) – nearly 6,000 in its first year alone – seeking damages from an insurance company following an auto collision, then maybe your lawyer should be paying attention.

https://driving.ca/auto-news/news/did-a-whistleblower-cause-the-reversal-of-an-ontario-car-insurance-decision

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Justice Must Not Only Be Done, it Must be Seen

This decision, Mary Shuttleworth v. License Appeal Tribunal, 2018 ONSC 3790, concerns a claimant who brought a dispute over statutory accident benefits to the License Appeal Tribunal (“LAT”), arising from a motor vehicle collision. The LAT has statutory authority to hear all disputes related to benefits under the Statutory Accident Benefits Schedule (“SABS”).

http://mccagueborlack.com/emails/articles/justice-lat.html

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What the court said about a family law approach to “spouse” in auto AB claim

The meaning of the term “spouse” under the Family Law Act is not applicable when determining eligibility for accident benefits under an auto insurance policy, an Ontario court has ruled in a priority dispute between insurers.

https://www.canadianunderwriter.ca/claims/court-rejects-family-law-approach-spouse-auto-ab-claim-1004134409/

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Who Pays After An Accident In A Work Vehicle?

If you are injured while driving a company vehicle, you may wonder who is going to pay for your hospital bills as well as any damage to the company car. Are you on the hook, or will your employer cover it? What about if the accident was caused by another driver?

https://www.findlaylaw.ca/blog/who-pays-after-an-accident-in-a-work-vehicle

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Practical Strategies Webinar: Uncharted Waters – Navigating the GOS-E

The webinar is chaired by Carr Hatch, Thomson, Rogers – Carr is a Partner with Thomson, Rogers. He practices in the field of civil litigation with a focus on personal injury litigation. Carr has represented clients at trial at the Superior Court of Justice as well as the Financial Services Commission of Ontario. His practice is dedicated to helping victims and their families achieve the best possible results when they have suffered serious personal injuries. In his spare time, Carr enjoys playing tennis, hockey, soccer and golf. He currently coaches competitive youth soccer and hockey teams in Toronto.

https://pialaw.ca/pswebinar2018/

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Ontario injured workers shut out of medical pot coverage — told to take opioids instead

Many injured workers in Ontario are being given an ultimatum: take potentially addictive cocktails of opioids and other pharmaceuticals, or pay for your own help, a CBC Toronto investigation has revealed.

http://www.cbc.ca/news/canada/toronto/ontario-injured-workers-shut-out-of-medical-pot-coverage-told-to-take-opioids-instead-1.4742854

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Non-Surgical Recovery of Function: Not a Fantasy

That’s the killer sentence from a new study soon to be published in the Journal of Neurotrauma. The principal investigator is our old friend, Professor Reggie Edgerton, who has been looking for ways to help people with chronic spinal cord injury since the late 1960s. I’ve met him a number of times in my own efforts to get my head around the difficulty of restoring function. In the small, intense universe of SCI research, he’s a sort of godfather — having mentored and trained a great many of the students currently on the hunt for therapies.

http://www.newmobility.com/2018/07/non-surgical-recovery-of-function/

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Guideline For Concussion/Mild Traumatic Brain Injury & Persistent Symptoms

https://braininjuryguidelines.org/concussion/

https://braininjuryguidelines.org/concussion/index.php?id=154

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Music May Help Your Brain Learn to Walk Again

New research out of the University of Toronto suggests that music may help spinal injury patients move their legs again. Conducted by Michael Thaut, the director of Music and Health Research Collaboratory at the university, his research suggests all movements have some form of natural rhythm to them. Thaut then analyzed the effects of taking this natural rhythm and harnessing it as a rehabilitation tool for patients learning to walk again.

https://www.gluckstein.com/blog/2018/07/music-may-help-your-brain-learn-to-walk-again.shtml

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ICBC Claim Changes Won’t Fix Insurer’s Woes

Few of us have a deep understanding of the details of auto insurance, but the financial crisis at ICBC required Attorney General David Eby, the minister responsible, to become a reluctant quick study.

https://thetyee.ca/Analysis/2018/06/07/ICBC-Changes-Insurer-Woes/

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Court Finds “After the Event” Insurance a Factor To Consider When Awarding Post Trial Costs

In the recent case (Clubine v. Paniagua) the Plaintiff was injured in a crash and sued for damages. Prior to trial the Defendant offered to resolve the claim for a total of $94,848.32 plus costs and disbursements. The Plaintiff rejected this offer and proceeded to trial where he was awarded a total of $77,224.32 in damages. The Defendant asked for costs of the trial arguing their offer should have been accepted.

http://bc-injury-law.com/blog/court-finds-event-insurance-factor-awarding-post-trial-costs

July 9, 2018

by Admin2

End use of ghostwriters in medical reports: lawyers

Lawyers who act for plaintiffs in personal injury cases are calling for the end of the use of ghostwriters in the creation of expert medical reports.

And although the issue hasn’t often been directly addressed in Ontario courts, there is indication that the judiciary has found problems with the approach.

https://www.thomsonrogers.com/news/end-use-of-ghostwriters-in-medical-reports-lawyers/

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Is it legal for insurance companies to spy on businesses and clients?

Tasha is joined by 640 Toronto’s Legal Analyst Joseph Neuberger to discuss the issue in response to an autoshop suing Aviva for spying on them.

https://omny.fm/shows/tasha-kheiriddin/is-it-legal-for-insurance-companies-to-spy-on-busi

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8 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. Serious injury victims may have a right to compensation (damages) through the court system.

https://www.thomsonrogers.com/news/8-things-you-probably-dont-know-about-motor-vehicle-accident-injury-lawsuits-in-ontario/

https://www.thomsonrogers.com/news/8-more-things-you-probably-dont-know-about-motor-vehicle-accident-injury-lawsuits-in-ontario/

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Distracted Driving Laws in Ontario

Distracted driving is a safety issue that affects all Canadians. It is a national concern. All of Canada’s provinces, as well as the Yukon and Northwest Territories have some form of distracted driving legislation in place.

https://www.awaxmanlaw.ca/blog/ontario-passes-tougher-distracted-driving-law

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How Much Can the Province Do About Car Insurance Rates in Brampton?

The high rates for auto insurance premiums was an issue that garnered some attention during the recent provincial election campaign. Two of the four major parties proposed eliminating the geographical rating by one’s postal code in order to solve the issue of high insurance premiums.

https://www.inbrampton.com/how-much-can-the-province-do-about-car-insurance-rates-in-brampton

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Insurance apps offer big discounts but want your data. Should you download?

Insurance companies have a new proposition: You let them follow you around in the car or monitor your physical activity, and if you’re a good driver or healthy individual, they’ll give you low premiums.

https://globalnews.ca/news/4313893/big-data-insurance-canada-manulife-vitality-td-myadvantage-caa-mypace/

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‘It’s just a step in the process.’ Families relieved as charges laid against Calgary truck driver in Humboldt Broncos bus crash

CALGARY—Three months after the fatal crash involving the Humboldt Broncos, Saskatchewan RCMP have charged the 29-year-old driver who was behind the wheel when his truck and the junior hockey team’s bus collided.

https://www.thestar.com/news/canada/2018/07/06/rcmp-announce-arrest-has-been-made-in-humboldt-bus-crash.html

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Melissa Miller Speaks Out for Disabled Client Evicted from Nursing Home

Our client, Rohan Salmon, has been living at a Sunrise Senior Living facility for the past 16 years since a car accident left him a quadriplegic. He has now received a notice from the Sheriff and Sunrise Senior Living that he is being evicted.

https://www.hshlawyers.com/blog/melissa-miller-speaks-out-for-disabled-client-evicted-from-nursing-home/

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Celia Yang and Co-Operators General Insurance Company 2018-06-27, Appeal, Final Decision, FSCO 5585

https://www5.fsco.gov.on.ca/AD/5585

Under section 283 of the Insurance Act, R.S.O. 1990 c. I.8 as it read immediately before being amended by Schedule 3 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014, and Regulation 664, R.R.O. 1990, as amended, it is ordered that:

1. The Arbitrator’s order of October 2, 2017 is set aside in its entirety.

2. Arbitrator Musson is recused from further involvement in FSCO File No. A13-015345-ET.

3. The motion originally scheduled to be heard by Arbitrator Musson (which included the request for a stay of the hearing pending the insurer’s completion of an Insurer’s examination catastrophic determination paper review) is sent back to be heard by a different arbitrator.