• FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education

Latest News Articles

FAIR does not accept responsibility for comments, opinions, statistical information etc. associated with the links listed below. Any opinions, points of view, etc. are not necessarily shared by FAIR.

For a complete list of recent articles, please go to our 'Media Articles' page under 'In the News'.
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Fixing Auto Insurance -The Agenda with Steve Paikin

Will the Ontario government’s decision to launch a public review of the province’s auto insurance system lead to positive changes for drivers across the province?

Ontario pays among the highest auto insurance premiums in the country, despite having among the lowest accident rates in North America. What reforms are needed?

https://t.co/FFmev45fVc

https://twitter.com/i/status/1093613873435951105

February 1, 2019

Careful what you wish for when it comes to private insurance

Imagine a land where drivers pay 55 per cent more for auto insurance than other drivers in Canada, a land where an insurance company may not cover you because of the city you live in, a land where your automobile insurance premiums isn’t based on your driving record but your postal code. 
 
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Slip-and-slide car accidents: When to tell your insurance and how to negotiate

It’s slip-and-slide season in Canada. Much of the country is covered in ice and snow and facing negative double-digit temperatures — it’s the kind of weather in which even snow plows occasionally find themselves drifting. 
 
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Can My Employer Make Me Pay for a Car Accident?

If you’ve caused a car accident while on the job, you may be wondering who is responsible for any damages or injuries that you, other drivers or pedestrians sustained. Learn about your rights in this situation, as well as the circumstances that could put you at fault.  
 
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The Civil Trial in Ontario: The Culture Shift from the “Sport of Kings” Towards the “One Judge Model”

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The Conundrum of the Difficult Client 

In the years that passed, hundreds, maybe thousands, of people have gotten in touch with me for legal information about their family law disputes. Unless I’m drowning in deadlines, I always took – and continue to take – the time to talk or write to them and shine some light into the murky depths of family law. 
 

January 31, 2019

Ontario court decisions have cut into accident settlements: Rastin

Barrie-area litigator Steve Rastin says recent Ontario court decisions highlight the continuing erosion of compensation for accident victims and the urgent need for the government to legislate an end to deductibles. 
 
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How much is my injury worth and what will it cost me to start a lawsuit?

To better understand you, as a resident of Simcoe County and your questions surrounding the law and your personal rights, our legal team conducted an analysis of all the calls our personal injury intake department received over the past year. In our findings, we noted that one of the most common questions asked of our staff was “is my injury worth starting a lawsuit?” and “what are the fees involved and how much will it cost me?” We completely understand where you are coming from and hope that this post will help answer your most pressing inquiries. 
 
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Why the human touch is sometimes bad for claims

The claims industry in Canada has to be wary about complicating the claims process by putting a “human process” in place where one is not needed, speakers said last week at the Ontario Insurance Adjusters Association’s 2019 Claims Conference in Toronto. 
 
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The Business of Personal Injury Law: The cost of expert reports in personal injury litigation and one solution

When I left law school, I was ill prepared for what it meant to be a lawyer. I knew I wanted to litigate and was keen to make my mark. At the same time, however, I knew nothing about the actual practice of law, or more importantly the business of law. 
 
 

January 30, 2019

FAIR Submission to 2019 Pre-Budget Consultation
 
“It is the unqualified but inordinately powerful adjuster that stands between the insurer benefits and the injured person’s need for recovery resources and it is in that space where insurers make profits. ”   
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Helping Families of Injured Ontario Motorists

Since 1936, Thomson Rogers has been helping seriously injured motorists get the treatment and care they need to recover from their injuries and to receive compensation for their losses. We understand that it is not only the injured party that may require assistance, as often it is loved ones that face significant challenges in helping the accident victim. 
 
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Ontario Wide Case Management available for Personal Injury Cases effective Feb 1, 2019

For starters, you’ve needed to retain a lawyer and sue in Court to get the results you need. Because you’ve commenced a legal action, then we can presume that you’ve exhausted every other recourse and Court is your last option. It would have been far easier and less expensive to keep the lawyers out of your dispute and work things out between the parties. 
 
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Ontario consulting on municipalities’ worries on ‘liability chill’

TORONTO — Ontario is taking a look at municipalities’ concerns about a legal rule that they say causes “liability chill” and leads some to ban activities such as street hockey and tobogganing. 
 
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‘Anger, rage, sadness’: Paraplegic drunk driver who maimed Ottawa motorcyclist sentenced to prison

Roy Radke, 37, a paraplegic who uses a wheelchair because of injuries he suffered in a June 2015 suicide attempt, had pleaded guilty to impaired and dangerous driving causing bodily harm in the collision that nearly killed Albert. 
 
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Multiple trucking violations by Humboldt semi driver noted in government report

MELFORT, Sask. – A Saskatchewan government report says the driver of a semi-truck should not have been on the road the day he flew through a stop sign and caused a crash with the Humboldt Broncos team bus. 
 
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The Winter Months Warm-Me-Up

As a post concussion syndrome (PCS) survivor, these long nights have special significance.

Back in the early months of my PCS, the sun setting earlier in the day was something I initially welcomed. I thought, ‘Great, now everyone else will enjoy very dim lighting as much as I do!’ But as the days dragged on, I realized this wasn’t necessarily the case.

https://torontobraininjuryblog.com/2019/01/30/the-winter-months-warm-me-up/

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A Place of Powerlessness

It’s been a really rough few weeks on the personal/health front. I have lost both my dogs, been hospitalized twice, and suffered through a lot of pain. And to cap it off, already physically vulnerable, I was put in a place of emotional powerlessness within the health system. 
 

January 29, 2019

Designated driver crashes car – and leaves owner with the bill

After a few drinks, it’s probably a good idea to hire a designated driver to drive you home. But as one Toronto resident learned, an accident can leave car owners with steep repair bills and higher car insurance premiums – even when they’re not in the driver’s seat. 
 
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Are Men Paying Less Than Women for Auto Insurance?

There’s a lot of reports and stories about auto insurance out there. The general consensus is that everyone is paying too much for it, but there are those who offer more optimistic advice about how to save. 
 
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Client Trial Preparation Checklist

Prepare your client for the ups and downs of trial with this customizable checklist, which covers topics to discuss with your client, including process, timing, outcomes, risks and costs. From managing emotions to the day-to-day workings of a trial, the checklist covers important topics to discuss with your client in preparation for trial. 
 
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Apple disables group FaceTime amid reports of privacy bug

Apple has made the group chat function in FaceTime unavailable after users said there was a bug that could allow callers to activate another user’s microphone remotely. 
 
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Cioffi v. Modelevich et al., 2018 ONSC 7084 (CanLII), <http://canlii.ca/t/hw8rb 

[1]       This is a motor vehicle action. The amount in issue is not large but I expect it is important to the defendant insurer. The issue is whether the insurer is required to pay the full cost of a recent mediation or only half of the cost. There is no dispute that s. 258.6(1) of the Insurance Act provides that where a plaintiff requests a mediation, the insurer shall pay the full cost. However, there is also no dispute that as a Toronto action, a mediation is mandatory pursuant to Rule 24.1 of the Rules of Civil Procedure and that the costs of the mediator are to be shared equally pursuant to s. 4(2) of O.Reg. 451/98 made under the Administration of Justice Act. 
[6]        The clear intention of the Insurance Act was to allow a plaintiff to request a mediation to be paid for by the insurer in the hope that the action might be resolved. The policy reasons seem clear – I do not think it is meant to apply only where a plaintiff is impecunious as suggested by Mr. Sazant. Clearly the legislature assumed that in these circumstances the insurer is in a better position to absorb the costs and pay for the costs of the mediation. 
 

January 28, 2019

Regarding Common Rules of the Licence Appeal Tribunal  https://slasto-tsapno.gov.on.ca/lat-tamp/en/automobile-accident-benefits-service/legislation-rules/  

  Rule 18: Reconsideration of a Tribunal Decision 
  • As permitted by the Statutory Powers Procedures Act, reconsideration requests may now be assigned to any Member of the Tribunal, including the Member who decided the matter which is the subject of the request

Written comments on the LAT rules at: https://slasto-tsapno.gov.on.ca/en/news/lat-acrb-fsc-common-rules-of-practice-amendments/

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Auto Insurance Consultation

The Ontario government is reviewing auto insurance! The Minister of Finance, the Hon. Vic Fedeli has said “the previous government’s failed system of stretch goals on auto insurance is clearly broken.” 
 
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Study: Canadian auto insurance rates leapt in the past year

A recent study has found that auto insurance costs across Canada saw a considerable year-over-year increase for the fourth quarter of 2018. 
 
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Torture victim appeal dismissed in fee dispute

“There has been a growing philosophy that personal injury lawyers profit regularly by way of contingency fee agreements. And while that is often true, the opposite proves to be true quite often as well. And a lot of these cases do not turn out to be profitable, especially ones that go to the doorsteps of trial or beyond.”
 
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Cadieux v Cloutier: Deducting Oranges from Apples

It is an essential principle of tort law that an injured plaintiff be returned to the position they would have been in had their injury not occurred. However, a recent Court of Appeal decision may make this task more complicated within Ontario’s auto insurance compensation scheme. 
 
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Summary Judgment Motions in MVA Cases

In Pavlovic v. Vankar, 2019 ONSC 61Justice Nightingale of the Ontario Superior Court of Justice granted a summary judgment motion in favour of the defendant Pavlovic, dismissing the plaintiff’s action and the cross-claim of the co-defendants as against him despite conflicting evidence on a key liability issue. 

FAIR Submission to 2019 Pre-Budget Consultation

So, even if there are no changes in the making right now, things will continue to get worse for Ontario’s patients who are stuck in what can only be called a private insurer hell that is disturbingly similar to the American privatized healthcare system.

http://www.fairassociation.ca/wp-content/uploads/2019/01/FAIR-Submission-to-Pre-Budget-Jan-29-2019.pdf

January 25, 2019

Randall Denley: An auto insurance fix would be Doug Ford’s best chance to help Ontario consumers

The Ontario PC government has vowed to fix the province’s costly, inefficient auto insurance system, and the stakes are huge. 
 
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By how much did your clients’ auto rates increase last quarter?

Ontario auto insurance rates increased by an average of 3.35% in the fourth quarter of 2018, with several companies receiving approval for double-digit rate increases, the province’s regulator reported. 
 
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Doctors’ college aims to resolve minor complaints faster

Patients with minor concerns about their doctor can now go through a streamlined complaints process that should result in a resolution relatively quickly. 
 
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‘Best social program is a job,’ Minister hopes to duplicate Windsor job centre service model

Minister of children, community and social services Lisa MacLeod stopped at the Unemployed Help Centre of Windsor (UHC) to see what resources were available to help people get out of economic poverty. 
 

January 24, 2019

Class action lawsuit raises questions for Ford, insurance regulator 

Eleven auto insurance companies that have allegedly withheld hundreds of millions of dollars in HST payments from Ontario car accident victims since 2010 have been named in 11 class action lawsuits that now total $1.1 billion in damages. None of the 11 class actions has been certified or tested in court. 
 
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Insurance Rates – What do We Know?

In Ontario we are all required by law to have car insurance if we drive a car. Our market is a private one, meaning the province has set out the requirements for coverages and it is up to the private companies to sell us their product. We know that in Ontario we pay among the highest rates in Canada to insure our motor vehicles. We also know that other provinces that have public insurance schemes pay less for insurance than we do. Some have better coverage than we have. 
 
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Report: Auto insurance rates have risen considerably across Canada in the past year 

TORONTOJan. 24, 2019 /CNW/ – Today, LowestRates.ca, an online recommendation site for personal finance products like insurance, mortgages, loans and credit cards, released its Q4 2018 Auto Insurance Price Index, which uses proprietary data to track the average cost of car insurance in Canada each quarter. 
 
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Judge dismisses request to help sheriff evict paralyzed man from Richmond Hill facility

An Ontario Superior court judge has tossed out a request from a Richmond Hill assisted living facility looking for direction on how to evict a paralyzed man. 
 
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COMPENDIUM OF DAMAGES
AWARDED IN
PERSONAL INJURY ACTIONS ACROSS ONTARIO
 
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Disability recipients whose information was breached are set to sue the province

Several disability support recipients whose personal information was compromised in December are launching a class action lawsuit against the Ford government, CTV News Toronto has learned 
 
 
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Following the Dr. James Sears story?

from the IME page http://www.secondopinion.ca/

The Ontario government wants to know what you think about auto insurance

  Rule 18: Reconsideration of a Tribunal Decision 
  • As permitted by the Statutory Powers Procedures Act, reconsideration requests may now be assigned to any Member of the Tribunal, including the Member who decided the matter which is the subject of the request

Written comments on the LAT rules at: https://slasto-tsapno.gov.on.ca/en/news/lat-acrb-fsc-common-rules-of-practice-amendments/