“In my view, it is time to take two incremental steps in order to make the common law less unsettled and piecemeal, more coherent and more just. The first step is to acknowledge that good faith contractual performance is a general organizing principle of the common law of contract which underpins and informs the various rules in which the common law, in various situations and types of relationships, recognizes obligations of good faith contractual performance. The second is to recognize, as a further manifestation of this organizing principle of good faith, that there is a common law duty which applies to all contracts to act honestly in the performance of contractual obligations.” [italics added]
Latest News Articles
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Liberals order independent review of welfare computer system troubles
The Liberal government has ordered an independent review of its new social assistance payment computer system, acknowledging there have been serious problems with its rollout.
After my presence on CBC radio show, insurer cuts my benefits – Jokelee Vandercop
Since I was on CBC’s Ontario Today show on January 21st – ‘So You Think You’re Covered! (can listen to podcast by going to previous episodes), the car insurer paying my income replacement benefits has cut them without warning, Ten days after the show they prepared an Explanation of Benefits form and wrote: “Since you now have earnings which we can deduct from your weekly benefit entitlement, we cannot consider any further payments until we receive copies of earnings statements. http://deniedbenefitclaims.com/blog.html
Getting Personal
A ruling last fall by Ontario’s Superior Court of Justice, revolving around a personal injury claim, clearly demonstrates that making a determination with respect to costs before trial is not only difficult, it could prove both an expensive and risky proposition.
http://www.canadianunderwriter.ca/news/getting-personal/1003467637/?type=Print%20Archives
Accident Benefits: Auto Collision Victims Shafted
In late 2014, the Liberal Ontario government passed Bill 15, the “Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014”. The new law only benefits multi-billion dollar insurance companies while giving auto collision victims in Ontario the shaft when in need of accident benefits.
Kenney pledges to wipe out social security tribunal backlog by this summer
Jason Kenney is vowing that by this summer, he’ll eliminate the massive caseload backlog that’s left thousands of ailing or injured Canadians waiting years for appeals after being denied Canada Pension Plan disability benefits.
Do we still need juries?
In a move seldom seen in Canadian courts, Superior Court Justice Andrew Goodman ordered the rogue jurors to show up in court and explain why they — among 300 people summoned for jury selection — hadn’t responded.
http://www.torontosun.com/2015/02/06/do-we-still-need-juries
Geico targets Uber drivers with ridesharing policy
Geico is introducing a new ridesharing insurance policy across the U.S. aimed at Uber drivers – but would it work here?
http://www.insurancebusiness.ca/news/geico-targets-uber-drivers-with-ridesharing-policy-187866.aspx
What’s in YOUR Legal Bill???
According to the most recent data available 78% of Ontario’s legal bills are reduced at an assessment hearing. http://www.fairassociation.ca/wp-content/uploads/2015/02/Whats-in-YOUR-legal-bill.pdf
Defence Doctor’s “Bald Proposition” Minimizing Collision Related Injuries Rejected
In today’s case (Worobetz v. Fooks) the Plaintiff was injured in a 2010 collision and continued to experience symptoms at the time of trial. The defendant admitted fault but denied the extent of the Plaintiff’s injuries. In support of his case the Defendant retained a physician who gave evidence that the Plaintiff’s lingering symptoms were likely related to deconditioning and being overweight. In rejecting this evidence Mr. Justice Joyce provided the following critical comments: