Author Archives: Admin2

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. 
 
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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”). 
 
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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. 
 
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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? 
 
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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. 

 
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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. 
 
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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. 

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Guideline For Concussion/Mild Traumatic Brain Injury & Persistent Symptoms

 
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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.

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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. 
 
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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. 
 

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.

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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. 
 
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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/

 
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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. 
 
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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. 
 
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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. 
 
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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. 
 
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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. 
 
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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.

July 5, 2018

by Admin2

Letter: Time for an auto-insurance cap

The personal injury lawyers are waging an aggressive and costly battle against the imposition of caps on the amounts that insured drivers can sue for. They say it will not reduce insurance costs in our province. 
 
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Personal injury lawyers are chasing benefits, not ambulances

Personal injury lawyers have heard it all and we certainly have had our share of bad press. But from where I stand, and without being too hackneyed about it, I really cannot conjure up a more precise example of a David-versus-Goliath setting in the legal industry. Most personal injury lawyers I know genuinely, sincerely advocate for victims of traumatic events and, in the current climate, are having an increasingly harder time doing so. 
 
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Explaining tech: Rear-collision intervention

A growing number of new cars are gaining the ability to automatically brake on their own when they detect trouble in front of them. But what about behind them? 
 
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Insurer ordered to pay special award and interest – Wang and TTC

Ms. Xiao Ying Wang was injured in a bus accident on November 9, 2014 when she was a passenger on a TTC bus. A car went through a red light and struck the bus, causing the bus to mount the curb, strike a pole, a fire hydrant, a third vehicle parked in a parking lot, two more curbs, and a building 
 
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Death Benefits for Car Accident Cases in Ontario: A Review

Toronto has seen a spike in pedestrian/car and bike/car accidents. Toronto has also seen a spike in fatality claims arising from such accidents. Vision Zero is a multi-national road traffic safety project that aims to achieve a highway system with no fatalities or serious injuries involving road traffic. Vision Zero has been implemented in Toronto, but its objectives have not been met. The goals are ambitious, and failure to reach those goals is a “good try“. Harsher critics would call it a failure. 
 
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The CRA makes life more difficult for people with disabilities

People with severe disabilities face a number of challenges in everyday life, chief among them financial – including barriers to employment and additional costs to manage their conditions, from mobility devices through to specialized therapy. 
 
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Herniated Discs: What You Need To Know

A herniated disc is one of those injuries that can take a toll on your life. It can change how you do things, what you do anymore and can sneak up on you.

In most cases, a herniated disc is the result of a back injury that may have been from being involved in an accident or a slip and fall incident.

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New Study Supports Conclusion that TBI Without Loss of Consciousness and Dementia are Linked

Did you or a loved one suffer a ‘mild TBI’? You are thankful that nothing more happened – it could have been so much worse. We found out last month that even ‘mild’ TBI without the loss of consciousness is associated with an increased risk of dementia. 
 
Cormack-Terrelonge v. Fahmy Estate, 2018 ONSC 3925 (CanLII), <http://canlii.ca/t/hsqb7

[26]      Given the evidence of the plaintiff at discovery, concerning the injuries sustained in the 2010, 2012, and 2014 motor vehicle accidents, the resolution if any of those injuries, even with the benefit of documentary medical production provided, is not clear.  There is no credible evidence to suggest that the injuries sustained in the previous actions resolved prior to the motor vehicle accident on January 5, 2014.

[27]      I find production of the transcripts from the examinations for discovery the plaintiff conducted in Action CV-12-449448 and Action 8982-14, is necessary to assess the extent to which the plaintiff’s current complaints overlap with her injury complaints prior to the January 5, 2014 accident.  The production of these discoveries is not a fishing expedition as submitted by the plaintiff.

[28]      The result is ordered that:

1)      the plaintiff produce examinations for discovery with respect to Action CV-12-449448 and Action 8982-14 within 30 days of the release of this endorsement;

2)      the defendants pay the cost of production of the transcripts; and

3)      the examinations for discovery may not be used for any collateral purpose but their use should be confined to the opportunity to impeach the testimony of plaintiff in these proceedings.

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Kanani v. Economical Insurance Company, 2018 ONSC 3746 (CanLII), <http://canlii.ca/t/hsrk0 
 

[21]           The Moving Defendants have submitted that Dr. Veluri’s examination and subsequent Report were insufficient in scope and did not address all the issues that will be in dispute at the trial of this action.  The suggestion is that an assessment by Dr. Gnam is warranted for trial fairness and “leveling the playing field”.  However Dr. Veluri was only asked by Economical to opine on the Plaintiff’s Attendant Care Benefit at the time of assessment.  There is no evidence put forward on this motion from Dr. Veluri or Dr. Gnam as to why such an assessment by Dr. Gnam is necessary or that Dr. Veluri lacked the qualifications to offer such an opinion on the Plaintiff’s injury.  In providing an expert opinion, both Dr. Veluri and Dr. Gnam owe a duty of impartiality to this Court.  I was provided with no reason why Economical could not have asked or cannot ask Dr. Veluri to comment on the issues they want Dr. Gnam to comment on now.  There is no suggestion that Dr. Veluri is not now available.  I do have a concern for a potential abuse of the process here and the potential burden on the Plaintiff of excessive medical examination by the same insurer acting in different capacities.  As Justice MacDonald decided in Binns v. Skinner Estate, the Court required that the further medical examination be conducted by one of the previous accident benefits examiners.

[22]           Furthermore, at the hearing of this Motion I specifically asked Counsel for Economical why they were requesting that the Plaintiff now be assessed by another psychiatrist rather than being reassessed by Dr. Veluri.  I was told that Economical is not alleging that Dr. Veluri is biased in any way.  When Dr. Veluri was being retained to do the section 65 assessment it was noted that he had previously treated the Plaintiff and any potential conflict was waived at that time by Economical in order to assess the Plaintiff’s current, not retroactive, entitlement to an Attendant Care Benefit.  I was not given any reasons why Dr. Veluri could not also assess the Plaintiff’s retroactive entitlement to Attendant Care Benefits or its quantification, or any other issues requested by the second assessment.  In his Report of December 13, 2016, at page 2, “No conflict of interest was identified”.  At pages 13 and 14 of his Report, Dr. Veluri acknowledged his duties regarding his opinion evidence.  I still fail to see here how it would be inappropriate for Economical to choose a psychiatrist because apparently he may have a conflict by way of previous treatment of the Plaintiff; that certainly did not prevent Economical from choosing Dr. Veluri for the first assessment of the Plaintiff.  As well Dr. Veluri has stated that no conflict was identified.  Given the volume of material he has already reviewed for his first Report, it would also appear that having Dr. Veluri conduct the second assessment may not jeopardize the August 8 and 9, 2018 Pre-trial Conference.

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Due v. Collings, 2018 ONSC 4003 (CanLII), <http://canlii.ca/t/hsrj7

[1]               The moving party defendant, Dr. Aurelie K. Collings (“Dr. Collings”), brings this motion pursuant to Rule 21 of the Rules of Civil Procedure to have the plaintiff’s claim struck for failing to disclose a reasonable cause of action and, additionally, on the basis that the action is frivolous, vexatious and an attempt to re-litigate damages in the plaintiff’s underlying motor vehicle action.

[20]           In essence, the claim against Dr. Collings seeks a “top up” as regards the settlement negotiated between counsel for the plaintiff and counsel for the tortfeasor in the motor vehicle accident and accepted by the parties. The action never went to court, there were no findings of fact and there is nothing on which it could be determined that the plaintiff may have received a better or more substantial amount for damages than was negotiated and accepted in the mediation. Again, it would be impossible and highly speculative to assess an amount which may have been able to be negotiated had Dr. Collings produced a report, rather than the second neuropsychologist who was retained.

[21]           While this is not an attempt to “re-litigate” the action, as it was never actually litigated, but rather settled at mediation, I find the claim to also be frivolous and vexatious and an abuse of process in the context of the circumstances.

[22]           Based on all of the foregoing, I grant the defendant’s motion and order that the plaintiff’s claim as against Dr. Aurelie Collings be struck.

June 29, 2018

by Admin2

The long term outlook for automobile insurance in Canada

In a recent online article, Canadian Underwriter magazine asked the question, Is the sun setting on auto insurance in Canada? In my view, it may be late afternoon for the automobile insurance market, but I think it will be a while yet before the sun fully sets on this line of business. 
 
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What happens when your mechanic gives you insurance advice

After following up on their mechanic’s suggestion to file a retroactive insurance claim, a B.C. couple is now on the hook for an $800.75 repair job to their 2010 Toyota Prius. 
 
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Doug Ford Is Officially Ontario’s Premier, Reveals Cabinet Of 21

TORONTO — Ontario’s new Progressive Conservative government will have a cabinet of 21, including Premier Doug Ford, with key portfolios earmarked for the party’s former interim leader and Ford’s rivals for the top job. 
 
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GoFundMe started for paralyzed man facing eviction

They haven’t come for him yet.

Rohan Salmon, a paralyzed man facing eviction from his Richmond Hill assisted living home, has been given a short reprieve.

https://www.thestar.com/news/gta/2018/06/28/gofundme-started-for-paralyzed-man-facing-eviction.html

June 28, 2018

by Admin2

June 27, 2018

by Admin2

Insurance lawyer questions whether LAT has ‘appearance’ of fairness

An anonymous letter about how an auto injury claim was handled by the Ontario License Appeal Tribunal raises “concerns” about the LAT decision-making process, an insurance lawyer warns. 
 
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Auto insurer on hook for $300K after client address mix-ups

An Ontario court recently ordered Gore Mutual Insurance Company to pay a $300,000 balance owing on a settlement judgment, after finding that the inability of the company and its lawyers to locate their insured car owner and her son (who was involved in an accident) did not mean the car owner client was trying to evade the legal process. 
 
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ONTARIO OMBUDSMAN 2017-2018 ANNUAL REPORT

In his third Annual Report as Ombudsman, Paul Dubé details the highlights of the 21,154 complaints his office received from the public in 2017-2018, and the “positive change” sparked by its investigations.
 

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Wednesday: What’s Hot on CanLII 

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Wildlife Collisions on Ontario Highways

From moose to bears to elk and other large species, our majestic wildlife is part of what makes Ontario’s natural environments such special places. But when wildlife and vehicles are sharing the same space, tragedy can easily occur for both humans and animals.  According to the BC-based Wildlife Collision Prevention Program, there are 4 to 8 large animal-vehicle collisions every hour in Canada. And every year here in Ontario, hundreds of people are seriously injured in accidents involving large animals. Tragically, some lose their lives. 
 
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Richmond Hill assisted living home attempting to evict quadriplegic man 

This is the only home Rohan Salmon has known since the day, almost 16 years ago, his car rolled over and left him a quadriplegic.

Now he lies bedridden, catching his breath every time there is a knock on the door, afraid it could be the sheriff coming to take him away.

June 26, 2018

by Admin2

Anonymous letter leads to LAT adjudicator’s decision being set aside

“I would predict that pretty much everyone who has lost a case at a tribunal can do a Freedom of Information request to that tribunal or adjudicative body, and if I see there is basically unsolicited or unrequested influence or input or editing by anyone, especially by someone with authority over the adjudicator, then they can go to Divisional Court and ask for it to be set aside,” he adds.
 
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V501 – Divisional Court Overturns LAT Decision Which Did Not Reflect the Independent Decision of the Adjudicator

In a startling turn of events, the Divisional Court has set aside a LAT decision on the basis that the minimum standards to ensure the existence and appearance of adjudicative independence were not met. We can imagine this decision could have ripple effects on the LAT’s past and ongoing decisions. 
 
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Who am I? The Case of the Named Insured and the Owner

What happens when an auto insurer sends a policy termination notice to the named insured, but the named insured does not own the vehicle insured under the policy? 
 
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The Day of Impact – Part 1

About a year after my motor vehicle collision someone asked me “why don’t you blog about your crash”? I thought this was such an odd thing to say to me. I was recovering trying to put my life back together so why on earth would I share my terrible experience that I was enduring? It didn’t make sense to me at the time as I could barely get out of bed to face the day let alone sit down and blog about it.

http://pickinguppieces.net/motor-vehicle-collision-2/

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Life after the spinal cord injury

Cycling on the roads and highways of Canada is a dangerous business. A 2012 Ontario Coroner’s Report on cycling deaths reported that of the 129 deaths between 2006 and 2010 of cyclists on the roads all of them, 100% were preventable.   
 
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Concussions and the legal process: a primer

Those suffering from a concussion as the result of an accident should consult with a lawyer who understands the challenges and can appropriately defend their rights, writes Ottawa personal injury lawyer David Hollingsworth writes in Concussion Canada. 
 
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$65,000 Non-Pecuniary Assessment for Chronic “Low Level” Pain

In the recent case (McGoningle v. Parada) the Plaintiff was involved in a 2013 collision that the Defendant accepted fault for.  The Plaintiff suffered various soft tissue injuries which largely improved however she was left with chronic low level pain.  
 

June 25, 2018

by Admin2

June 22, 2018

by Admin2

June 21, 2018

by Admin2

Superior Court decision calls into question whether LAT decisions are impartial or independent

[67]  There is no formal and voluntary process, despite the statutory accountability process that calls for one. As the decision in this case was subjected to a peer review process that did not contain the required safeguards of adjudicative independence, decision of the adjudicator is set aside and referred back to the LAT for a new hearing. 
http://www.fairassociation.ca/ 2018/06/superior-court-decisio n-calls-into-question-whether- lat-decisions-are-impartial-or -independent/
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Insurance Myths: Real or Busted?

Car insurance. It’s something you don’t really want to pay for until, all of a sudden, you need it. Then you’re either glad you had it or wishing you had more. That’s the rub with it, too. Car insurance can be complicated: Long documents, myriad terms and conditions, and arcane rate calculation formulas make it all a little mysterious when you’re looking at the bill. 
 
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Customers express willingness for insurers to access social media data for lower premiums

Privacy is a major debating point in our age of big data. Customers apparently value their privacy, but it seems if relinquishing some private data results in a reduction in insurance prices, consumers are on board. 
 
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How can Toronto be a world class city with so many pedestrian deaths?

Cars have accidentally hit and killed at least 18 pedestrians and four cyclists in Toronto since the start of 2018 — and we’re barely halfway through the year. With yet another fatal accident occurring on Monday, the death toll continues to grow. And rather than just bracing for another death, we need to take action. Soon. 
 
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Road safety advocates want next city council to ‘step up,’ boost cycling network and traffic calming measures

Daniella Levy-Pinto
 has lost track of the number of times she’s nearly been hit by cars turning right on red lights.

As someone with complete vision loss, Levy-Pinto gets around Toronto by relying on her hearing and her trusty guide dog. But the safe streets advocate and Walk Toronto spokesperson says there are constant challenges: Poor street designs, speeding drivers, narrow sidewalks, to name a few.

https://www.cbc.ca/news/canada /toronto/buildthevisionto-1. 4712171

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Questions to ask your ATE insurance provider

People who need after-the-event (ATE) legal expense insurance should take care to thoroughly research providers before committing, says Nick Robson, vice-president and general counsel in the Toronto office of the TheJudge Global. 
 
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Brian Goldfinger’s Legal Advertising Case to Conclude With Joint Submission

TORONTO: A resolution reached today between ‎lawyer Brian Goldfinger and the regulator of Ontario’s legal profession will aid lawyers in navigating the rules that govern lawyer advertising.

The resolution states that Mr. Goldfinger’s advertising constituted “misconduct” under the Law Society of Ontario’s rules, but that it was neither dishonest nor intentionally deceptive.

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What is a Neuropsychologist?

Most people know what a psychologist is.  However, most people do not know that, other than an MRI that scans brain structures, one of the most vital instruments to measure the presence, or the extent, of a brain injury, is neuropsychological testing.  In many serious accident claims, lawyers will often call a neuropsychologist to give expert evidence about their client’s injuries, ability to work and future treatment costs. 
 
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Intact reports ‘world of difference’ with telematics

Hard numbers showing the impact of telematics remain elusive, but Canada’s largest property and casualty insurer says the technology does separate the good risks from the bad.

Telematics is a vehicle diagnosis technology that collects data such as distance travelled, where a vehicle was driven, and potentially risky behaviour such as speeding, hard braking and sudden acceleration.

https://www.canadianunderwrite r.ca/insurance/intact-reports- world-difference-telematics-10 04133269/