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Latest News Articles

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Drivers need education on extra car insurance

Insurance providers and brokers should do more to educate drivers about the benefits of optional extra coverage, says Kitchener litigation lawyer Graham Bennett.

Since June last year, Ontario drivers have been able to upgrade their auto insurance to boost coverage for medical bills, lost income and liability. Yet some studies have shown that uptake has been very low so far, with fewer than 10 per cent taking advantage.

http://www.advocatedaily.com/graham-bennett-drivers-need-education-on-extra-car-insurance.html

Accident occurred – motive behind staged crash not relevant

Mr. Emmanuel Ikponmwonba was injured in a car accident on August 29, 2010 and sought accident benefits from Intact, but when the parties were unable to resolve their disputes through mediation Mr. Ikponmwonba applied for arbitration at the FSCO.

https://www.deutschmannlaw.com/blog/post/accident-occurred-motive-behind-staged-crash-not-relevant

Giving Legal Effect to Emails – Can Emails Satisfy the Requirements to Extend Limitation Periods Under The Limitations Act?

E-mail conversations are often relatively informal and the participants, especially when they are not lawyers, can take prior discussions as a “given” rather than fully and expressly repeating them to ensure they have legal effect.

Recently, in I.D.H. Diamonds NV v Embee Diamond Technologies Inc., 2017 SKQB 79, the Saskatchewan Court of Queen’s Bench considered the legal effect of such informal e-mail discussions and whether they could be relied upon to be an acknowledgment of a debt so as to extend a limitations period under Saskatchewan’s The Limitations Act (the “Act”).

http://www.millerthomson.com/en/publications/communiques-and-updates/financial-services-insolvency-communique/august-14-fsi/giving-legal-effect-emails-can-emails-satisfy-requirements-extend-limitation-periods-limitations-act/

 

From Horror to Hope, Surviving a Traumatic Motorcycle Accident

When she was just 22 years old, Elizabeth Banks was living the life of many people that age – moving away from home, spending time with friends and enjoying a bit of a party lifestyle.

That is, until a devastating motorycyle accident changed everything.

She had relocated to Gainesville, Florida, from Nova Scotia, Canada, and was working full time as a server in a restaurant. Like many young people on their own for the first time, she would go out drinking with her friends, occasionally excessively.

https://www.enjuris.com/blog/my-accident/surviving-motorcycle-accident/

Yellow Light and Left Hand Turn Accidents – Who’s At Fault?

In the legal industry, we often see cases where both drivers involved in a motor vehicle accident believed they had the right of way. These accidents could likely have been avoided had each driver had a better understanding of the law and the rules of the road.

https://oatleyvigmond.com/yellow-light-and-left-hand-turn-accidents-whos-at-fault/

Challenges launched over disability benefit rate

Legal clinics have launched human rights challenges regarding the disability benefit rate two clients are receiving.

The challenges relate to the monthly amount received by two disabled men who get both their meals and room from their landlord through the Ontario Disability Support Program.

http://www.lawtimesnews.com/author/gabrielle-giroday/challenges-launched-over-disability-benefit-rate-13652/

Workers’ Comp is a Right!

For years now, injured workers and frontline advocates have been sounding the alarm that Ontario’s Workplace Safety & Insurance Board (WSIB) has been “getting its financial house in order” through austerity and cost-cutting measures. Whether it be from slashing compensation for lost wages, denying healthcare treatment and medication, or refusing to recognize mental health injuries, the cuts have come squarely on the backs of injured workers.

http://socialistproject.ca/bullet/1483.php

Food bank usage in Toronto back to recession-era levels, report says

Food banks visits in Toronto are back to levels seen during the height of the recession almost 10 years ago, according to the newest “Who’s Hungry” report by the Daily Bread Food Bank, with usage by seniors like Davison increasing by 27 per cent.

According to the report, many seniors don’t seem to be receiving all the federal benefits they are entitled to. In particular, many are not receiving the Guaranteed Income Supplement — a program that is also excluding newcomer families.

Giving Migraine Treatments the Best Chance

If you’ve never had a migraine, I have two things to say to you:
1) You’re damn lucky.
2) You can’t begin to imagine how awful they are.

https://www.nytimes.com/2017/09/18/well/giving-migraine-treatments-the-best-chance.html?&moduleDetail=section-news-0&action=click&contentCollection=Well&region=Footer&module=MoreInSection&version=WhatsNext&contentID=WhatsNext&pgtype=articlef

FAIR response to Fair Benefits Fairly Delivered

FAIR response to Fair Benefits, Fairly Delivered September 15 2017

The public and the government know little to nothing about insurer profits and what they do with our premium dollars. This is very much a concern when it comes to the quality of coverage. We only know what insurers tell us about their finances and there’s no transparency and so no ability to find out. That’s a big gap in knowledge when making decisions about coverage that will affect the treatment of tens of thousands of Ontario’s traumatically injured patients every year.

If the goal is for the “government to provide a guaranteed safety net for those injured in auto accidents” then why are we using the insurer model and not our own patient model? If recovery is the driver behind the proposed changes then the perspective must change too. Accident victims must be seen and treated as the patients they are, the traumatically injured whose lives are turned upside down by a sudden and unexpected event.