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HISTORY OF THE MOTOR VEHICLE ACCIDENT SCHEMES IN THE PROVINCE OF ONTARIO

In Ontario, car insurance is mandatory.  As a result, most Ontarians are forced to buy the exact same policy from one of over 100 different insurance companies.  Although some options are available, 99% of motorists drive with the exact same insurance policy.  Since 1990, successive governments have made changes to the car insurance laws in the hope of protecting both consumers and insurance companies. However, the most recent changes have focused on cost cutting for insurers at the expense of those injured in car crashes.

Auto Insurance Dispute Resolution System (AIDRS) Project Update

Transfer of Automobile Insurance Dispute Resolution System The Government announced in the 2014 Budget a series of auto insurance reforms, one of which was the transformation of the Auto Insurance Dispute Resolution System and its transfer to the Licence Appeal Tribunal (LAT), an adjudicative tribunal within the Safety, Licensing Appeals and Standards Tribunals Ontario (SLASTO) cluster. In the 2015 Budget, the Government announced the new Auto Insurance Dispute Resolution System at LAT will begin accepting applications on April 1, 2016.

http://www.slasto.gov.on.ca/en/Documents/What%20New-EN/AIDRS%20Project%20Update%20-%20FSCO%20Forums%20-%20EN.pdf

2014 saw a sizeable rise in the loss ratio in personal accident benefits

Speaking to insurance specialists in Toronto on Thursday, A.M. Best Company Inc. analyst Joel Silverthorn discussed the initiative undertaken by the liberal Ontarian government to reduce auto insurance costs. At the same time the government also promised to reduce the costs for auto insurance companies by lowering the mandatory rate for accident benefits.

http://www.shopinsurancecanada.ca/blog/news/2014-saw-a-sizeable-rise-in-the-loss-ratio-in-personal-accident-benefits/

Understanding Income Replacement Benefits for Ontario Car Accidents: How to get the insurer to start paying!

It’s a common misconception that the IRB covers 100% of your wages. It doesn’t. It also doesn’t kick in until 7 days after the accident. And just because you’ve been involved in a car accident, doesn’t automatically entitle you to an income replacement benefit. There are a variety of medico-legal tests which need to be met. In addition, you need to prove with real concrete evidence that you were gainfully employed in the 52 weeks prior to the accident and earning an income (not unreported cash income).

http://www.torontoinjurylawyerblog.com/2015/09/understanding-income-replacement-benefits-for-ontario-car-accidents-how-to-get-the-insurer-to-start-paying.html#more-804

BC Court of Appeal Addresses Threshold in Proving Psychological Injury Claim

In today’s case (Saadati v. Moorhead) the Plaintiff was involved in a collisions and sued for damages alleging brain injury.  The trial judge rejected this claim but found that the Plaintiff “was a “changed man” after the accident” and awarded $100,000 in non-pecuniary damages for a psychological injury.  THe BC Court of Appeal overturned the judgement and dismissed the claim finding the test of proving “a recognizable psychiatric (or psychological) condition” was not met.

http://bc-injury-law.com/blog/bc-court-appeal-addresses-threshold-proving-psychological-injury-claim?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+IcbcLaw+%28ICBC+Law%29

Ontario doctor’s suit claims pattern of fraud at workplace safety board

An Ontario doctor is suing the province’s workplace insurance plan and her employer, claiming both conspired to try to force her to change her medical opinion about a worker injured on the job in order to save money on the claim.

Ontario must shape up home care system, auditor general says

Out of hospital health care affected by differing patient experiences and inconsistent pay rates

The report, released Wednesday morning by Auditor General Bonnie Lysyk, highlights the rising costs and discrepancies in treatment with services provided by the province’s Community Care Access Centres – which are the central gateways for accessing publicly-funded home care – and third parties.
http://www.cbc.ca/news/canada/toronto/ontario-out-of-hospital-health-care-auditor-general-report-1.3240178

ICBC Punished 25% for Unproven Fraud Allegation

In today’s case (Gupta v. Doe) the Plaintiff was involved in three separate collisions and sued for damages.   At trial the Plaintiff was awarded just over $43,000.  Prior to trial ICBC made several formal offers, the first at $90,000 and the last at $164,000.

http://bc-injury-law.com/blog/unproven-fraud-allegation-derails-costs-consequences

Auto insurance rates vary wildly across Toronto: data

White said when insurance companies assign a premium, they look for drivers with a similar driving history and age among other factors. Companies can’t ask about ethnicity and can’t use your credit history or employment status, and they don’t know where you drive.

http://www.theglobeandmail.com/globe-drive/news/trans-canada-highway/when-it-comes-to-auto-insurance-home-is-where-the-hike-is/article26476324/

Appeal court upholds rejection of claim over statements on lawyer’s web site

The case, Frank v. Legate, dealt with six statements posted on posted on the web site of lawyer Barbara Legate’s firm, Legate & Associates LLP, as well as a seventh statement on the CTV news web site, about civil and disciplinary action against Dr. Cathy Frank.

http://www.canadianlawyermag.com/legalfeeds/2895/appeal-court-upholds-rejection-of-claim-over-statements-on-lawyer-s-web-site.html