Most people live their lives not giving a thought about what they have accomplished. We plug along with our day to day events or situations. UNTIL ….. Life stops the way you’re use to! Your abilities change, for example. physical movement, memory, concentration, motivation, determination, planning (even hourly), mood/behavior. YOU CHANGE. This can happen with a motor vehicle accident, blows to the head, or a fall, to just to name a few.
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Failure to meet insurer’s timelines may not forfeit coverage
A recent Ontario Court of Appeal decision confirms that the failure to report an accident to an insurer within the timeframe specified by an insurance policy does not necessarily act as a bar to coverage, Toronto civil litigator Michael Lesage writes in Lawyers Weekly.
Getting the most out of your Long Term Disability or Critical Illness Application (Ontario)
Long Term Disability Insurance, and Critical Illness insurance are both “living policies“. They differ from a death benefit or life insurance policy in that the insured is still alive and the beneficiary; while alive; is able to recover the benefits.
Caputo v Novak, 2016 ONSC 4176 (CanLII)
[43] It is in the best interests of the proper administration of justice for litigants to expect that lawyers who represent them will be properly insured, thus protecting their interests. In the absence of the “offending” George v. Harris factors, it is not in the interests of the proper administration of justice to adopt an overly technical approach in scrutinizing a Notice of Motion that will prevent litigants from determining whether there is a legal basis for them to access the protection provided by the Policy.
http://www.canlii.org/en/on/onsc/doc/2016/2016onsc4176/2016onsc4176.html
Sinclair and Unifund 2016-06-23, Arbitration, Prehearing Order, FSCO 4943
https://www5.fsco.gov.on.ca/AD/4943
Instead, the Supreme Court has specifically accepted that exclusion clauses can remain valid even in the face of breach of the underlying contract and has created a three-step test to evaluate the application of exclusion clauses. The first step is to evaluate the exclusion clause in the factual context of each case to determine if it applies to the material circumstances. The second step is to evaluate if the exclusion clause was unconscionable at the time of incorporation. The final step is to evaluate whether the exclusion clause should not be enforced on public policy grounds.
Education key to preventing medical record snooping, privacy watchdog says
Ontario’s privacy commissioner is pushing to create a more robust culture of privacy at hospitals and health care practices.
The latest case of medical record snooping uncovered in Ontario — in which at least six Mississauga patients had their files probed — highlights the ongoing challenge to protect patient privacy in the digital age, the province’s privacy commissioner says.
WSIB denies funding slashed for injured workers
In a four-page letter to injured worker advocates, Workplace Safety and Insurance Board president Tom Teahen added that he was “committed to listening” and was looking “carefully” at a series of complaints raised by doctors, legal clinics and labour groups — including that injured workers are increasingly unable to get the treatment their doctors recommend.
https://www.thestar.com/news/
Accident shows insurers have much to learn about self-driving cars
The recent death of a man who perished while behind the wheel of a self-driving car highlights that when it comes to the open road, human error remains the biggest risk, say insurance experts.
Manitoba crash survivor’s health-care team calls for outpatient brain injury clinic
Brain injury patients in Manitoba need more support when they’re discharged from hospital, say members of the rehabilitation team working with a survivor of a fatal crash.
http://www.cbc.ca/news/canada/
Sheikh v. Pearl, 2016 ONCA 523 (CanLII)
[83] The genesis of the underlying motion was the conduct of the lawyer with carriage in obtaining the partial judgment, apparently without the appellant’s consent. The personal respondents are innocent victims in the legal quagmire that has ensued. Moreover, if the partial judgment was obtained without advising the settlement approval judge that the appellant was not consenting, it is difficult to understand why the personal respondents should bear any responsibility for the costs of proceedings arising from that omission.