Toronto, Ontario – December 22, 2015 – Pace Law Firm has long warned of the dangers of social media to personal injury claims. More and more insurance companies and defence lawyers are looking at the social media channels – such as Facebook, Twitter, LinkedIn and YouTube – of people involved in lawsuits to see if they can find evidence in pictures, videos and words that will contradict their claims.
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The Spectator’s View: It’s a perfect time to fix social assistance
Will 2016 be the year the Ontario government finally does more than nibble around the edges of the province’s outdated, beleaguered social assistance system?
Alberta Health sues Ontario doctor for costly tumour mistake of patient who moved out west
“The province most substantially affected by the (Ontario doctor’s) activities and its consequences is Alberta,” ruled the court. “Alberta … has also incurred significant cost.”
The case underscores a little-known phenomenon in malpractice law: provincial governments suing physicians — often the same ones whose fees and malpractice premiums they pay – for causing a patient injury and triggering more use of medical resources.
Neinstein v Law Society of Upper Canada, 2015 ONSC 7909 (CanLII)
“ Mr Neinstein argues that he has had a long and distinguished career representing unfortunate accident plaintiffs, and that his mis-steps in this case are isolated incidents in an otherwise exceptional career.”
http://www.canlii.org/en/on/onscdc/doc/2015/2015onsc7909/2015onsc7909.html
Wednesday: What’s Hot on CanLII
- Hodge v Neinstein, 2015 ONSC 7345
[78] The appellants seek a declaration that any contingency agreement entered into by Neinstein & Associates with a client in which the firm has an entitlement to take any portion of costs in addition to a fee is unenforceable. Making such a determination is a question of law. Since there is evidence that this was a term of Neinstein & Associate’s standard form precedents, there is a factual foundation for it on the record. The determination of whether the agreements are unenforceable does not require a finding of breach of fiduciary duty within each lawyer and client relationship. Rather, the question would be whether entering into such an agreement without getting approval of the court, in and of itself, renders the agreement unenforceable. The only individual analysis required would be for each member of the class to be party to an agreement containing such a clause. Such a term can be built into the definition of the class. This would be a question common to all members of the class and one which would advance the interests of all members.
http://www.slaw.ca/2015/12/23/wednesday-whats-hot-on-canlii-146/
Police officer named in insurance fraud
Police usually partner with carriers and brokers to bust insurance scams, but an investigation is suggesting three of the men in blue actually played a role in defrauding those “partners” of $1 million.
http://www.insurancebusiness.
BC Supreme Court Criticizes Defense Doctor Who “Crosses the Line”
In today’s case (Bricker v. Danyk) the Plaintiff was involved in a 2011 collision and sustained physical injuries with psychological repercussions. The Defense hired a doctor who minimized the connection of the Plaintiff’s psychological difficulties to the collision.
http://bc-injury-law.com/blog/
Consumers receptive to self-driving cars: Study
Toronto, Ontario — December 21, 2015 — A new study from a French investment bank finds that drivers seem amenable to giving up the reins when it comes to driving. The emergence of automated vehicles will lead to reduced injuries and better vehicle care, and so will be welcomed by consumers, or so says a major study of consumer habits published by French bank BNP Paribas.
http://www.collisionrepairmag.
Putting Scientific Peer Review in the Courtroom
“Judges are expected to distinguish the scientific wheat from the pseudoscientific chaff. Yet most judges do not have the ability to fulfill this responsibility adequately. They have little or no background in science. Indeed, many went to law school because they were straight-A students in history or sociology but had no appetite for biology or statistics. As a practical matter, judges have largely failed in carrying out their responsibilities to evaluate the science offered in their courtrooms.”
Referral Madness?
Rules are in place governing referral fees, but it’s a grey area.
http://www.lawyersweekly-