The heightened number of cases amongst men has been consistent for the past 15 years
Author Archives: Admin2
Appeal court overrules itself on vicarious liability
In what lawyers are calling an “extremely rare” move, the Ontario Court of Appeal has expressly overruled one of its own past decisions.
After grappling with what the court called “a difficult question,” the five-judge panel concluded in Fernandes v. Araujo that an old insurance law case dealing with vicarious liability was wrongly decided and should be overruled.
No-fault deductibles in Ontario’s Insurance Act in tort claims for auto accidents amended
The no-fault deductibles in Ontario’s Insurance Act in tort claims for damages arising from car accidents have been amended and increased to account for inflation and will be increasing slightly ever year in the future, Canadian insurance litigation firm Dutton Brock LLP reported on Thursday.
Written Retainer Agreement Ousts Small Claim Court’s Jurisdiction
If you’re an Ontario litigator and thought suing your client for fees in Small Claims Court based upon a written retainer agreement was an option, then take a read of Justice Nordheimer’s decision in Jane Conte Professional Corporation v. Josephine Smith, 2014 ONSC 6009 (CanLII), (Div.Ct.).
MVA victims in Ontario are long way away from being made whole after making a claim that is denied
Restitutio ad integrum (To be made whole again)
In a legal sense, “damages” refers to monetary compensation that is claimed by a person or awarded by a court in a civil action to a person who has been injured or suffered loss because of the wrongful conduct of another party.
“The general principles underlying our system of damages suggest that a plaintiff should receive full and fair compensation, calculated to place him or her in the same position as he or she would have been in had the tort not been committed, insofar as this can be achieved by a monetary award”.
“This principle suggests that in calculating damages under the pecuniary heads, the measure of the damages should be the plaintiff’s actual loss.”
Ratych v. Bloomer, (1990) 1 S.C.R. 940 at para. 71, per McLachlin J. – see also Livingstone v. Raywards Coal Co. (1911) A.C. 301 at 307 (P.C.).
Insurance companies use black box technology to track driving habits
Car insurance companies want to record and reward you for good driving habits if you let them put a small tracking device in your car.
But what happens if they record your bad driving habits too?
Telematics devices can be hacked
Stefan Savage, the engineering professor who oversaw the project, stressed these attacks haven’t occurred in real life. Nevertheless, he told CNN, “this is a class of device that should be considered the same way we consider a medical device. It’s a dangerous object that needs to be designed with care.”
http://www.citopbroker.com/news/telematics-devices-can-be-hacked-8780
The cost of preventable injuries is becoming more expensive
In Canada, preventable injuries, such as motor vehicle accidents, falls and fires, killed 15,866 people and left 231,596 Canadians hospitalized in 2010, according to The Cost of Injury in Canada report produced by Parachute, a national charity that works towards stopping preventable injuries.
http://www.neinstein.com/category/blogs/accident-benefits-claims/
Ontario’s disabled call out Wynne’s hypocrisy during Parapan Am Games
As the 2015 Parapan Am Games get underway, Ontario’s Liberal government is quietly cutting insurance benefits to the province’s most disabled, while filling the pockets of insurance companies.
Victims Matter on insurance cut backs
“seems so stupid on behalf of the government”
http://www.cp24.com/video?clipId=676085&binId=1.1158693&playlistPageNum=1