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Now Is The Time To Act On Hunger

Food banks across the province will be hosting their local MPPs at simultaneous food sort events on September 16 so that our representatives can see first-hand the important work being done by Ontario’s food banks. On September 21, we will be following this up with a Day of Action at Queen’s Park, where leaders from our food banks will meet with MPPs, Ministers and their staff to discuss how to take action on hunger. The OAFB has three primary recommendations for change.

http://www.huffingtonpost.ca/ontario-association-of-food-banks/now-is-the-time-to-act-on-hunger_b_11821796.html

$66-Million Federal Investment In Brain Disorder Research Largest Grant in Western’s History

Western will partner with researchers at McGill University, which also received CFREF funding, to further research into disorders such as Parkinson’s, Alzheimer’s, traumatic brain injury, and schizophrenia.

http://www.inews880.com/syn/104/109873/66-million-federal-investment-in-brain-disorder-research-largest-grant-in-westerns-history

Law Society want input on advertising concerns

http://www.lawyersweekly-digital.com/lawyersweekly/?folio=16

Tesla Creates Auto Insurance Solution for Autonomous Vehicles

Of course, this is a long predicted eventuality for the autonomous industry. It is widely accepted that the advent of driverless cars will remove insurance liability from motorists and on to manufacturers. As a consequence, it is unlikely that carmakers will relinquish total control to the insurance companies.

https://www.shopinsurancecanada.ca/blog/news/tesla-creates-auto-insurance-solution-for-autonomous-vehicles/

Judge dismisses Litigation Loan Company Claim requiring Borrowers to pay Compound Interest

Lexfund is a litigation loan company which loans money for the purpose of assisting claimants in financing their personal injury litigation, including disbursements, medical expenses and living expenses. At some time in the past, the company granted similar loans to five different individuals, each of whom had been involved in a motor vehicle accident. The common thread between these five individuals was that they all retained the law firm of Ferro & Company.

http://www.personalinjurylawyerservice.ca/blog/litigation-loan-company

Depression, anxiety cost Canadian economy billions, Conference Board says

The Conference Board of Canada said in the report that depression costs the economy at least $32.3 billion annually, while anxiety costs another $17.3 billion a year.

http://www.cbc.ca/news/business/canada-economy-depression-anixety-1.3744300

Court Finds It is an Abuse of Process For ICBC to File Inconsistent Pleadings From Single Collision

In today’s case (Glover v. Leakey) the Defendant was involved in a crash and injured two passengers.  One sued and fault was admitted and ultimately settlement reached.  The second sued but fault was denied.  In the midst of a jury trial the Plaintiff discovered the inconsistent pleadings and asked for a finding of liability.

http://bc-injury-law.com/blog/court-finds-abuse-process-icbc-file-inconsistent-pleadings-single-collision?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+IcbcLaw+%28ICBC+Law%29

Rojas and Coachman Decision Date: 2016-08-25, Arbitration, Preliminary Issue, FSCO 4987

https://www5.fsco.gov.on.ca/AD/4987

As a brief summary, there is no fundamental disagreement between the parties as to the basic facts; namely, that the Applicant submitted a duly completed Application for Determination of Catastrophic Impairment in August, 2015, and despite repeated follow-up correspondence from the Applicant’s counsel, the Insurer failed to respond to the said application not only within the 10 days required period set out in the Schedulefor its response, but for some months afterward.  When the Insurer did finally respond and arrange the usual set of medical examinations pertaining to this type of determination, the Applicant refused to attend for the examinations on the basis that the Insurer was too late in setting them up and as a consequence claimed that the Applicant should be deemed to have been found catastrophically impaired.  The Applicant further asserted that its Catastrophic Impairment Assessment, prepared by Dr. Harold Becker, should now prevail and be sufficient for the deeming of catastrophic impairment for the Applicant.

 

The Insurer, for its part, acknowledged the tardiness of its response to the Application and began paying catastrophic-level benefits, where applicable, to the Applicant on an interim basis while attempting to complete the assessment process set out in the Schedule by issuing notices of examination to the Applicant.

 

This resulted in an impasse which has continued for over a year at this point.  The Applicant claims, in its affidavit evidence, that the Applicant has been denied a variety of essential medical services during this intervening period. By contrast the Insurer, in its affidavit, asserts that they have been paying all medical treatment plans, inclusive of applicable interest, during the period in dispute as an indication of its good faith in dealing with the Applicant.

Costs in the LAT

The recent Thompson v. Intact Insurance[1] decision of the License Appeal Tribunal (the “Tribunal”) confirmed the Tribunal’s jurisdiction over costs on an issue resolved in advance of the case conference.  The Tribunal looked to both theLAT Rules of Practice and Procedure[2] (the “LAT Rules”) and the Statutory Powers and Procedure Act[3] (the “SPPA”) for their authority to award costs.

http://www.millerthomson.com/en/blog/ontario-insurance-litigation-blog/costs-in-the-lat

LAT Replaces FSCO in Auto Insurance Disputes

On April 1, 2016, a significant change to auto insurance claim disputes in Ontario went into effect. According to the Fighting Fraud and Reducing Automobile Insurance Rates Act, a.k.a. Bill 15, accident benefits disputes will no longer be handled by the Financial Services Commission of Ontario (FSCO) but instead, will now be the responsibility of the Ministry of the Attorney General’s Licence Appeal Tribunal (LAT).

http://www.personalinjurylawyerservice.ca/blog/lat-replaces-fsco-in-auto-insurance-disputes