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Exploring the Limits
A ruling by Ontario’s Superior Court of Justice offers an opportunity to rediscover the court’s approach to the commencement of limitation period in motor vehicle accident litigation. It suggests the discovery of a non-pecuniary claim in connection with a motor vehicle accident is highly dependent on the availability of credible evidence to establish the seriousness of the plaintiff’s injuries.
http://www.
Bank on Resistance
Brokers are redoubling their efforts to inform MPs across the country that, when it comes to selling insurance, the current approach in the Bank Act should be maintained. As has always been the case, they argue that allowing banks to sell insurance at the point of granting credit is not in the best interests of consumers.
http://www.
Redefining Catastrophic
For Ontario auto claimants injured in collisions on or after June 1, 2016, new criteria will apply to catastrophic impairment. And while the criteria for psychiatric and psychological impairment will change, claims will still be able to combine psychiatric and physical impairments.
http://www.
Why your family doctor is so important to your personal injury or long term disability claim (Ontario)
Over the past few months, we have seen a war play out in the media between Ontario doctors and the Ontario government. Doctors and the province have been operating without a proper contract in place for quite some time. Neither side can agree to terms. Ontario unilaterally cut doctor fees, along with certain billing codes. The result is that it has presented a cut to Ontario’s thousands of doctors. Doctors are fighting this in Court by way of Charter challenge. It’s pretty interesting to see the public relations battle play out in the media. Not to mention that Ontario doctors are actually launching a Charter challenge, which gets any lawyer excited.
Ontario worst place to get a quick appointment with a family doctor, report says
Health Quality Ontario says only 44 per cent of residents can get same-day or next-day appointments with a primary care provider, the lowest performance out of 10 countries of similar social and economic status.
$20,000 Non-Pecuniary Assessment for 17 Month Long Soft Tissue Injury
In today’s case (Scott v. Hoey) the Plaintiff was involved in a 2006 collision caused by the Defendant. The Plaintiff was 13 years old at the time of the collision and alleged she sustained injuries which permanently impacted her and sought significant damages. The Court rejected much of the Plaintiff’s claim noting credibility concerns. The Court did accept that the collision cause soft tissue injuries which fully resolved in 17 months.
Critics continue to question Ontario auto insurance
Toronto, Ontario — November 9, 2015 — The recent report on Ontario auto insurance from the Ontario Trial Lawyers Association has been hotly debated. The report claimed Ontario auto insurers are benefiting from a cap on profitability that is far too high in the current interest rate environment. The report also points out that changes to accident injury claims are also benefitting Ontario insurers. At a time when Ontario insurance rates are far higher than any other province in the country, the report has generated no small amount of interest.
Brokers weigh in on proposal to deregulate FSCO
Last week, an Expert Advisory Panel appointed by Ontario’s Minister of Finance issued some preliminary findings which suggested that the province’s regulatory regime “is not as effective as it could or should be.”
http://www.insurancebusiness.
Letter: Article on prejudgment interest missed a key point
Law Times recently published an article (see “Ontario courts differ on prejudgment interest,” Oct. 19) on the temporal application of the new prejudgment interest rate on non-pecuniary damages in motor vehicle accident cases.