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Canada: Insurance Institute releases report on automated vehicles

The report looks into how autonomous vehicles will impact road safety, road infrastructure, as well as insurance premiums and policy coverage. It also discusses how autonomous vehicles will lower traffic injuries and fatalities in what the report calls the greatest change in the automotive industry since the introduction of motor vehicles.

http://www.ilstv.com/canada-insurance-institute-releases-report-automated-vehicles/

Advocates Call for Investigation into WSIB

The OFL recently filed a formal complaint with the Ontario Ombudsman Barbara Findlay. The 200-page submission was written by the authors of a previous headline-making November 2015 report entitled “Prescription Over-Ruled: Report on How Ontario’s Workplace Safety and Insurance Board Systematically Ignores the Advice of Medical Professionals”.

http://www.vandykelaw.ca/2016/06/advocates-call-for-investigation-into-wsib/

Ontario Moving Forward with Basic Income Pilot

Basic income, or guaranteed annual income, is a payment to eligible families or individuals that ensures a minimum level of income. Ontario will design and implement a pilot program to test the growing view that a basic income could help deliver income support more efficiently, while improving health, employment and housing outcomes for Ontarians.

https://news.ontario.ca/mcss/en/2016/06/ontario-moving-forward-with-basic-income-pilot.html

Consider topping up benefits with cuts to Ontario’s insurance system

Benefits to those injured in car accidents in Ontario have been slashed as of June 1, part of sweeping changes to the provincial “no fault” accident benefits system that will leave victims struggling to make ends meet, says Toronto personal injury lawyer Simmy Yu.

http://www.advocatedaily.com/simmy-yu-consider-topping-up-benefits-with-cuts-to-ontarios-insurance-system.html

Federal court orders Nationwide to pay $8M for negligence, bad faith

Nationwide Mutual Insurance Co. was ordered by a federal judge to pay over $8.1 million in damages. The order comes after a jury came to the conclusion last year that the insurer acted negligently and in bad faith in denying a claim for the death of an auto accident victim, reported Property Casualty 360.

http://www.insurancebusiness.ca/news/federal-court-orders-nationwide-to-pay-8m-for-negligence-bad-faith-209270.aspx

Back to the Future (Contract): Job Offers and Economic Loss for Attendant Care Service Providers

When the “future contract” provisions were eliminated from the Statutory Accident Benefits Schedule effective April 15, 2004, the industry breathed a sigh of relief that yet another category of “questionable” claims for Income Replacement Benefits were being eliminated.

http://www.millerthomson.com/en/blog/ontario-insurance-litigation-blog/back-to-the-future-contract-job-offers-and

Law Society’s interim report on advertising and referral fees:

http://lsuc.on.ca/uploadedFiles/For_the_Public/About_the_Law_Society/Convocation_Decisions/2016/Convocation-June-2016-Professional-Regulation-Committee-Report.pdf …

Mamado v Fridson, 2016 ONSC 4080 (CanLII)

[28]       The Defendant called two expert witnesses to refute Ms. Mamado’s claims: Dr. Rajka Soric, a physiatrist, and Dr. Lawrie Reznek, a psychiatrist. Aside from the fact that neither expert addressed the threshold in their testimony, the evidence from both witnesses contains serious flaws:

Zia and Security National/Monnex 2016-06-13 Arbitration, Expenses, FSCO 4935

https://www5.fsco.gov.on.ca/AD/4935

At the Pre-Hearing of this matter before me, the parties agreed to a schedule for the exchange of materials for the Preliminary Issue Hearing.  At that time, counsel for the Applicant advised that his client was committed to attending the Insurer Examination.  Nevertheless, in part as a result of the history of the Applicant’s conduct, counsel for the Insurer thought it appropriate and necessary to have the Preliminary Issue Hearing proceed.

 

Veeran and State Farm 2016-06-13, Arbitration, Final Decision, FSCO 4934.

https://www5.fsco.gov.on.ca/AD/4934

At the outset of the Hearing, State Farm moved to exclude a report obtained by the Applicant from a chronic pain specialist which had been served in accordance with the Code prior to the Hearing commencement.  I ruled that the report was admissible since the author of the report was listed on State Farm’s witness list for cross-examination.  State Farm also sought to have excluded an accounting report that calculated the quantum of the income replacement benefits that should be paid.  The report was served in accordance with the Code prior to the Hearing.  Given the compliance with the Code, I ruled that the report would not be excluded.  If an Insurer is concerned that it will not have sufficient time to serve responding material, it should address the issue of the timing of service of reports at the Pre-Hearing stage.