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Latest News Articles

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Does the Failure to Equip a Vehicle with Winter Tires Equate to Negligence?

Evidence now clearly shows that winter tires are superior to all other types of tires in winter driving conditions.[1] Winter tires maintain elasticity at low temperatures allowing for better vehicle control in both braking and turning ability.[2] Despite compelling scientific evidence, the law regarding the use of winter tires is in a state of flux in Ontario. The Court in Smith v Smith 2012 declined to rule on whether the failure to use winter tires is negligent, stating that they were presented with no authority on the subject.[3]

http://www.millerthomson.com/en/blog/ontario-insurance-litigation-blog/does-the-failure-to-equip-a-vehicle-with

Injured workers routinely cut off WSIB by improper rulings

In 2015, the appeals tribunal ruled that the board’s medical consultant was not “persuasive” because he “did not provide reasons to support his conclusion.” While Winegarden did have a pre-existing back condition, the tribunal found there was “no evidence of significance” to suggest it had interfered with his work until his accident — meaning he could not be denied benefits by the board.

https://www.thestar.com/news/gta/2016/07/21/injured-workers-routinely-cut-off-wsib-by-improper-rulings.html

SAMS a ‘health and safety disaster’: report

TORONTO, July 20, 2016 /CNW/ – Dr. Wayne Lewchuk has delivered a stinging rebuke to the Ontario government over implementation of its Social Assistance Management System (SAMS). In a 55-page report released July 19, theMcMaster University economics professor labelled SAMS a “health and safety disaster.”

http://www.edmontonjournal.com/business/cnw/release.html?rkey=20160720C1950&filter=5599

Auto insurance rates on rise

Some companies kept premiums the same, but others were allowed increases, including RBC General Insurance and TD General Insurance, which each received rate hikes of more than three per cent.

http://www.chroniclejournal.com/news/local/auto-insurance-rates-on-rise/article_66062984-4de2-11e6-9b5b-2bffffdce35e.html

Judge spares fraudsters deportation with lenient sentencing

So a sympathetic Ontario Superior Court judge has just sentenced three women who ripped off an insurance company in a bogus accident claim to just under six months of house arrest so two of them wouldn’t be automatically eligible for deportation to their native Haiti.

http://www.torontosun.com/2016/07/19/judge-spares-fraudsters-deportation-with-lenient-sentencing

Major insurer helps police catch fraudster

Aviva Canada recently helped the Durham Regional Police Service in catching a fraudster who attempted to claim damages on a truck that was purportedly stolen and vandalised. The supposed con man was laid Monday with multiple charges for his alleged fraud.

http://www.insurancebusiness.ca/news/major-insurer-helps-police-catch-fraudster-210724.aspx

$50,000 Non-Pecuniary Assessment for “Lingering” Soft Tissue Injury

In today’s case (Lal v. Le) the Plaintiff was involved in a 2011 rear-end collision that the Defendant accepted blame for.  The Plaintiff suffered various soft tissue injuries the most serious of which involved his neck and shoulder and symptoms lingered to the time of trial. Some long term symptoms were anticipated.

http://bc-injury-law.com/blog/50000-nonpecuniary-assessment-lingering-soft-tissue-injury?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+IcbcLaw+%28ICBC+Law%29

Ontario auto insurers approved for lower rates in second quarter

The Financial Services Commission of Ontario (FSCO) just released its quarterly rate approvals for Q2 2016. The big win: an average rate decrease of 6.83% from one Ontario auto insurer.

http://www.lowestrates.ca/news/ontario-auto-insurers-approved-lower-rates-second-quarter-2494

Ontario Auto Insurance Rates Remain Chronically High

FSCO’s latest quarterly rate approval numbers have been released and suggest that consumers will see very few savings from the statutory accident benefit cuts that became effective on June 1.

http://www.insblogs.com/auto/ontario-auto-insurance-rates-remain-chronically-high/6811

Can a Claimant be penalized for not requesting Medical Results from their Doctor?

Is it the responsibility of a patient to demand the results of a medical test from his/her doctor or, is it reasonable to assume that if they have not been contacted by their doctor, it means that nothing is wrong? The answer to that question was at the core of a legal action between plaintiff, Brittany McMillan, and defendant, Obafemi Adeite.

http://www.personalinjurylawyerservice.ca/blog/can-a-claimant-be-penalized-for-not-requesting-medical-results-from-their-doctor