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Latest News Articles

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For a complete list of recent articles, please go to our 'Media Articles' page under 'In the News'.
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Confidential Consultations Between Experts and Counsel Now Permitted

There is absolutely nothing improper with counsel’s practice of reviewing draft expert reports, according to the Ontario Court of Appeal in its hotly anticipated January 29th decision in Moore v. Getahun et al (2015) ONCA 55 (OCA).

http://www.thomsonrogers.com/moore-v-getahun-appeal-provides-clarity-over-role-between-experts-counsel

Lack of Accessible information for Ontario MVA victims

It is an unacceptable low level of information available, on the FSCO website or supplied to claimants by the insurer they paid to assist them, that is contributing to the volume of claims in the system and which eventually plays out in our courts.

As the Superintendent at FSCO it must surely fall under your mandate to ensure that the public service of Ontario is effective in serving the public in a non-partisan, professional, ethical and competent manner

Letter to Brian Mills, FSCO Superindendent Mar 4 2015 re lack of public information

Government Begins FSCO Mandate Review

The Ontario government has launched a review of the mandates of the Financial Services Commission of Ontario (FSCO) and the Deposit Insurance Corporation of Ontario (DICO).

The mandate reviews were announced as part of the 2014 Ontario Fall Economic Statement.  A panel of experts has not been established to take the lead on the mandate reviews

http://williehandler.blogspot.ca/

Local voice against wrongful benefit denials not staying silent

Even a rural, small-town voice can make a difference.
That voice belongs to Palmerston resident and insurance activist Jokelee Vanderkop, who even after self-publishing her own book and speaking out on national radio, still hasn’t given up her quest to help legitimate claimants receive the insurance benefits to which they’re entitled.

http://www.southwesternontario.ca/news/local-voice-against-wrongful-benefit-denials-not-staying-silent/

Ontario government under fire over inaction on health privacy law

Since the Personal Health Information Protection Act (PHIPA) came into force in 2004, it has resulted in zero completed prosecutions — despite more incidents and high-profile breaches, such as numerous violations of Rob Ford’s hospital records and the anti-abortion activist who snooped into abortion files.

http://www.thestar.com/life/health_wellness/2015/03/05/ontario-government-under-fire-over-inaction-on-health-privacy-law.html

Davenport drivers complain of high insurance rates in neighbourhood

It is that time of year again when Davenport resident Donna Cowan goes through what she calls the “painful practice” of getting new car insurance quotes.

Every year, Cowan says she’s “shocked and disappointed” by the rates insurance companies are offering her.

http://www.insidetoronto.com/news-story/5461302-davenport-drivers-complain-of-high-insurance-rates-in-neighbourhood/

Motor vehicle litigation up

The total number of active civil cases in Canadian courts last year was up slightly, but the overall totals have remained virtually unchanged in the past five years, according to Statistics Canada

http://www.canadianlawyermag.com/legalfeeds/

Kick off Fraud Prevention Month with IBC’s Top 10 tips to detect and avoid auto insurance fraud

TORONTO, March 2, 2015 /CNW/ – Insurance Bureau of Canada (IBC) is a proud supporter of Fraud Prevention Month, which takes place every March across Canada. To kick off this consumer-awareness month, IBC is participating in a number of events and providing tips to help detect and avoid auto insurance fraud.

http://www.sys-con.com/node/3306191

Examining the New Canadian Guidelines for Fibromyalgia aka Chronic Widespread Pain

The term Fibromyalgia is becoming dated, although doctors, insurance companies and disability claimants still use it.

The preferred term according to the Arthritis Society of Canada is “Chronic Widespread Pain“.

http://www.torontoinjurylawyerblog.com/2015/03/examining-the-new-canadian-guidelines-for-fibromyalgia-aka-chronic-widespread-pain.html#more

Court Rejects “Perplexing” Defence Doctor Evidence Minimizing Plaintiff Disability

In today’s case (Sirak v. Noonward) the Plaintiff suffered “very significant and progressively worsening debilitating pain and neurological symptoms” as a result of a 2005 collision that the Defendant was responsible for.  In the course of the litigation the Defendant had the Plaintiff assessed by two physicians who provided the Court with an opinion that the Plaintiff “is not disabled” as a result of the collision related injuries.  In rejecting these opinions Madam Justice Warren provided the following critical comments:

http://www.ilstv.com/court-rejects-perplexing-defence-doctor-evidence-minimizing-plaintiff-disability/#.VPdHf-FYwdU