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  • FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education

Latest News Articles

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Licence Appeal Tribunal (LAT) Rules of Practice and Procedure, Version 1 (April 1, 2016)

by Admin4
LAT adjudicates matters in a variety of diverse areas such as alcohol and gaming regulation, motor vehicle impoundments and driver’s licences, new home warranties, consumer protection, regulation of various occupations and businesses, and starting on April 1, 2016, in relation to automobile insurance Statutory Accident Benefits Schedule (SABS) disputes.
Information about LAT’s Automobile Accident Benefits Service (AABS) is available here: www.slasto.gov.on.ca/en/AABS
2.3 “AUTOMOBILE ACCIDENT BENEFITS SERVICE (AABS) CLAIM” “Automobile Accident Benefits Service (AABS) Claim” means an application to the Tribunal pursuant to s. 280(2) of the Insurance Act seeking resolution of a dispute involving statutory accident benefits.
2.23 “STATUTORY ACCIDENT BENEFITS SCHEDULE (SABS)” “SABS” means the Statutory Accident Benefits Schedule, Ontario Regulation 34/10 (Statutory Accident Benefits Schedule—Effective September 1, 2010), made under the Insurance Act, as revised from time to time, or a previous version of the SABS.

The Courtroom and the Role of Personal Injury Lawyers

by Admin4

In most cases of a personal injury claim, the case does not make it to the courtroom – a settlement is reached before trial. Sometimes a settlement cannot be reached, and your personal injury case may have to reach the courtroom.

http://lernerspersonalinjury.ca/articles/courtroom-role-personal-injury-lawyers/

Procedural Fairness and Due Process Trump Arbitrator’s Award – Appeal Allowed

by Admin4

As the sun begins to set on FSCO, Director’s Delegate Blackman rendered a Preliminary Issues Appeal order in Waldock v. State Farm (FSCO Appeal P15-00068, March 18, 2016) which serves as a helpful reminder to those who descend into the dispute resolution arena, be they insurers, applicants or adjudicators, that there is a requirement for procedural fairness and due process.

http://www.millerthomson.com/en/blog/ontario-insurance-litigation-blog/procedural-fairness-and-due-process-trump

Hydro One players paid for exclusive access to Ontario cabinet ministers

by Admin4

The significant difference is that many campaign fundraising practices that are illegal in Quebec – the province bans corporate and union donations, and imposes a $100 annual cap on contributions from individuals – are allowed in Ontario.

http://www.theglobeandmail.com/news/politics/hydro-one-players-paid-for-exclusive-access-to-ontario-cabinet-ministers/article29427906/

Meehan v Good, 2016 ONSC 2110 (CanLII)

by Admin4

[3]               The MVA resulted in catastrophic injuries to the plaintiffs, particularly to Anne Meehan.  The evidence in this proceeding supports their position that their former solicitor,  Donald Good may have been negligent in his handling of the actions related to one or more of their claims stemming from the MVA.  Unfortunately for the plaintiffs, they did not pursue their claims in negligence prior to the expiration of the two year limitation period.  They now seek to recover as against Cardill for failing to advise them of their rights in negligence and the running of the limitation period.

https://www.canlii.org/en/on/onsc/doc/2016/2016onsc2110/2016onsc2110.html

Toronto police no longer coming to scene of minor collisions, but what’s minor?

by Admin4
Toronto police are changing the way they respond to minor crashes, including those that result in injuries.
Beginning on Tuesday, police will no longer dispatch a police officer to investigate a property damage collision or minor personal injury collision where the injured person is not immediately taken to a hospital.

How After-The-Event (ATE) Insurance can affect trial costs

by Admin4
A personal injury trial does not necessarily conclude with a judge or jury ruling. There are always costs to consider at the conclusion of a trial, such as the awarding of legal costs (generally to the winning party) as well as possible deductions.  At the conclusion of the Markovic v. Richards trial,  there were two post-trial issues to be decided, both regarding costs. The first question was whether or not the plaintiff’s premiums for after-the-event (ATE) insurance is a compensable disbursement. The second issue was whether or not the new prejudgment rate set out in the Insurance Act on January 1st, 2015 was retroactive and could be applied to the current case.

Escalating fundraising demands part of ‘the system’ at Queen’s Park: Cohn

by Admin4

In Ontario, the Wild West of fundraising, Liberal cabinet ministers are assigned secret targets as high as $500,000 a year, the Star has learned.

The two most marketable ministers are Charles Sousa, the minister of finance, and Eric Hoskins, who helms the province’s $52-billion health care budget. Both are expected to bring in as much as $500,000 a year, well-placed sources have confirmed.
Sousa’s control of the provincial treasury, tax policy and auto insurance makes him a prime target for lobbyists in the banking and insurance industries. But Hoskins is also in high demand because of his regulatory authority over drug companies and nursing home conglomerates.

Nagging worries about rural primary health care

by Admin4
 
“I believe the province is knowingly under-funding the health-care system,” said Libby Clarke, chairperson of the Central Hastings Family Health Team and councillor for the Township of Tudor and Cashel.
“The physicians are concerned about an almost seven per cent unilateral cut since February to physician services expenditures covering all the care that doctors provide to patients.”

June 1st – The Dawn of a New Day: Understanding the “Catastrophic” Impact of the coming SABS changes

by Admin4
This webinar will help you plan for the upcoming changes by addressing the following:
  • A review of the major reductions to statutory accident benefits and the applicable transitional rules;
  • A discussion on the new License Appeal Tribunal (replacing FSCO as of April 1, 2016) and the elimination of the right to sue in Court for accident benefits disputes;
  • A review of the narrower definition of “catastrophic impairment”; and,
  • Solutions to helping accident victims in keeping with these changes.