• FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education

News and Views

Sheridan MVA research Survey – Jan 2026

Sheridan MVA research Survey: Understanding Systemic Challenges in Motor Vehicle Accident Care

This survey investigates Motor Vehicle Accident victims’ (MVAs) experiences navigating medical, legal, administrative, and insurance systems relating to their access to care and any effects the state of these systems may have on patient recovery and well-being. This survey is conducted by Dr. Nathaniel Barr, Dr. Michael J. McNamara, & Dr. Martin H. Turpin of The Faculty of Humanities and Social Sciences at Sheridan College, Ontario, Canada in partnership with the Fair Association of Victims for Accident Insurance Reform, The Ontario Physiotherapy Association, The Ontario Society of Occupational Therapists, and The Ontario Association of Social Workers.

If you decide to volunteer, you will be asked to complete a 15-minute online survey that is completed confidentially. As a participant in this survey, you will be asked to provide your opinion on the state of Ontario health insurance, medical, and legal systems, your experience navigating these systems, and how the state of these systems impact your recovery outcomes, and access to care following a motor vehicle accident.

Survey link (be sure to scroll down to the bottom of page 4): https://sheridan.qualtrics.com/jfe/form/SV_1THlJoNRDHvAQ4u

Poster for legal and medical professional partners to hang in clinics/waiting rooms:  Sheridan MVA study recruitment poster 2026

Ontario Auditor General Value-for-Money Audit 2022 on Regulation of Private Passenger Automobile Insurance

November 30. 2022

Value-for-Money Audit: Financial Services Regulatory Authority: Regulation of Private Passenger Automobile Insurance, Credit Unions and Pension Plans (2022)

Even though Ontario has one of the lowest accident rates in Canada, it has the highest private passenger automobile insurance rates in Canada. Auditor General Bonnie Lysyk’s 2022 Annual Report says the regulator, the Financial Services Regulatory Authority of Ontario (FSRA) could evaluate several initiatives for applicability in Ontario, that are in effect in other provinces, that may reduce rates.  https://www.auditor.on.ca/en/content/news/22_newsreleases/2022_news_AR_FSRA.pdf

The FSRA, which reports to the Minister of Finance, is the primary regulator of several financial services in the province, including about 310 insurance companies, 67,000 insurance agents, 60 credit unions and 4,600 pension plans. 

18 recommendations, with 60 action items to address audit findings

Tribunals Ontario Annual Report 2020-2021

https://tribunalsontario.ca/documents/TO/Tribunals_Ontario_2020-2021_Annual_Report.pdf  pg 51

UPDATED -Is it fair that taxpayers are funding CMPA to defend doctors but not patients when medical harm is done?

The CMPA, a non profit organization, uses our tax dollars to pay lawyers to defend doctors accused of medically harming patients and this results in preventing all opportunity to ‘learn from their mistakes’.

When car crash survivors complain about the poor quality of their insurer medical exams and reports Ontario’s doctors can make use of CMPA funds to protect them from accountability while Ontario’s patients are expected to pay for their own legal representation. This failure to reign in doctors and improve the patient care is leading to poorer outcomes and access to recovery resources and it leads to individuals becoming dependent on social supports when they can’t get what they need.

According to Teri McGrath @Teri4112 recently seen on W-5 https://www.youtube.com/watch?v=9Z35oDSnZ7g, “Our tax dollars, $520,000,000.00+++ is needed to help patients/families who have been harmed rather than CMPA lawyers who use “a scorched-earth policy which is a military strategy that aims to destroy anything that might be useful to the enemy.”

UPDATE from Teri McGrath, September 21/21:

Tim Mitchell, who did a one man protest at the CMPA office in Ottawa last January is going to go ahead with the Oct. 6, 2021 protest 11 – 2 pm at: CMPA office (875 Carling Ave., Ottawa). He will have a few posters ready if anyone wants to join him.

For anyone who wants to protest but can’t make it to Ottawa, it has been suggested that you do your own protest locally at the provincial Minister of Health office/legislative buildings (he/she determines the amount of the rebate) on the same day, Oct 6. Addresses attached. No need to get super organized, just show up with family and friends.

Attached is a pamphlet you can use to hand out. I suggest you keep the placards simple saying Defund The Canadian Medical Protective Association. And if you are concerned about push back from your doctor, go incognito and wear a mask, hat and sunglasses. Also bring your wheelchairs, walkers and canes. Contact your local news media and let them know what is happening.

As we know, actions speak louder than words. So this is an ideal opportunity to respectfully let the Ministers and CMPA know that patient abuse has got to stop. – Teri McGrath

CMPA facts tri-fold pamphlet blue

Addresses for provincial Min of Health offices

You can get involved by sending a letter to your provincial auditor about the harm when our tax dollars are used to unfairly protect one party over another:

template Letter to Prov AG about CMPA taxpayer funded protection for Drs and not patients.

https://www.cmpa-acpm.ca/en/about

https://www.cmpa-acpm.ca/en/membership/fees-and-payment

What we know so far on submissions to Fraud and Abuse consultation from Minister of Finance office

[CLOSED] Proposed Fraud and Abuse Strategy for the Auto Insurance Sector

In the current auto insurance sector, “insurance fraud and abuse” is neither defined in legislation nor regulation, nor is there an accurate quantification in the size and scope of fraud and abuse. Past governments, regulators and industry have attempted different approaches to identify and measure fraud and abuse. As a result, the industry has taken individualized approaches for managing fraud and abuse, which has created further inconsistencies. https://www.ontariocanada.com/registry/view.do?postingId=37747&language=en and https://www.ontariocanada.com/registry/showAttachment.do?postingId=37747&attachmentId=49356

RESPONSES so far:

FAIR submission to Proposed Fraud and Abuse Strategy for the Auto Insurance Sector 21-MOF010

FSRA Consumer Advisory Panel (CAP) Fraud & Abuse Consultation Submission

Ontario Rehabilitation Alliance Submission to the Ministry of Finance Fraud and Abuse Consultation

Ontario Psychological Association (OPA) Submission to Fraud and Abuse Consultation

OTLA MOF Submission – Proposed Fraud and Abuse Strategy – July 12 2021

The Canadian Life and Health Insurance Association (CLHIA) Submission to the ON Ministry of Finance and FSRA

Ongoing consultations related to Ontario auto insurance

From the Minister of Finance office:

Proposed Fraud and Abuse Strategy for the Auto Insurance Sector- DUE: July 12, 2021.The Ministry of Finance (MOF) and Financial Services Regulatory Authority of Ontario (FSRA) are consulting on a Fraud and Abuse Strategy (F&A Strategy)

https://www.ontariocanada.com/registry/view.do?postingId=37747&language=en

***

Recent consultations (now closed)

From the Financial Services Regulatory Authority:

What we know so far about submissions on the Jury issue

FAIR submission to MAG Consult on Civil Juries June 15 2020

OTLA Submission to MAG on Civil Juries

Rastin Letter to MAG re civil juries June 15, 2020

Access to Justice Group Elimination of Civil Juries

Patrick Brown, McLeish Orlando LLP Submission May 29 2020 re changes to jury system and covid

Canadian Defence Lawyers  https://issuu.com/enzadel/docs/submission_re_civil_juries_cdl

Zarek, Taylor, Grossman, Hanrahan   http://ztgh.com/system/frame/posts/pdfs/000/001/397/original/Zarek_Taylor_Grossman_Hanrahan_-Submissions_on_Civil_Jury_Trials_dated_June_15__2020.pdf?1592247977

IT IS TIME TO ABOLISH JURY TRIALS IN CIVIL MATTERS    https://www.mcleishorlando.com/blog/it-is-time-to-abolish-jury-trials-in-civil-matters/

Ontario Attorney General Doug Downey should not be rushing to axe civil juries, FOLA warns  https://www.canadianlawyermag.com/practice-areas/litigation/ontario-attorney-general-doug-downey-should-not-be-rushing-to-axe-civil-juries-fola-warns/330582?utm_source=GA&utm_medium=20200617&utm_campaign=Newsletter-20200617&utm_content=AE1FF389-FA2E-4B96-8FEA-FEEF64C1AAE4&tu=AE1FF389-FA2E-4B96-8FEA-FEEF64C1AAE4

Ontario considers scrapping civil jury trials to deal with courts backlog  https://nationalpost.com/pmn/news-pmn/canada-news-pmn/ontario-considers-scrapping-civil-jury-trials-to-deal-with-courts-backlog

The use of credit reports in Ontario’s car accident injury claims and what PIPEDA said

The Personal Insurance Co. Privacy Breach Class Action

This proposed breach of privacy class action is brought in Federal Court on behalf of all persons resident in Canada who made insurance claims under their automobile insurance policies with The Personal Insurance Company between January 18, 2012 and February 8, 2018, and who had their credit score information accessed by The Personal or its agents. http://waddellphillips.ca/class-actions/the-personal-privacy-class-action/

FAIR response to Brian Mills June 6 2017 re use of credit reports in claims

Letter from FSCO regarding PIPEDA and use of credit reports in injury claims

FAIR letter to Brian Mills April 28 2017 re use of credit reports in claims

The PIPEDA report http://www.fairassociation.ca/wp-content/uploads/2017/03/Office-of-Privacy-Commissioner-of-Canada-report-re-use-of-credit-scores-in-auto-claims-handling.compressed.pdf

From the Office of the Privacy Commissioner of Canada (PIPEDA) http://www.fairassociation.ca/wp-content/uploads/2017/03/Letter-from-Office-of-Privacy-Commissioner-of-Canada-re-use-of-credit-information-in-auto-insurance-claims.pdf

What the federal privacy watchdog did after an insurer pried into crash victim’s credit rating/National Post http://news.nationalpost.com/news/canada/insurer-violated-crash-victims-rights-by-accessing-his-credit-score-federal-watchdog-rules

Calgary interview on 770 Newstalk with Rhona DesRoches about use of personal information and credit reports in claims adjusting to air on Monday, March 3, 2017 http://www.newstalk770.com/

Breach of Privacy: “Psychological Battery” and ‘intrusion upon seclusion’ http://www.litigate.com/breach-of-privacy-psychological-battery

Petition for Inquiry into Medical Evidence in our courts

Link to: Inquiry into Medical Evidence petition

FAIR has put together a paper version of the petition calling for a Public Inquiry into the medical evidence used in our courts and administrative tribunals. It is the same as the one we have asked you to sign online.

The Ontario Legislature ONLY accepts ORIGINAL petitions, on paper, with ‘hand signed’ signatures. There are strict rules for petitions so NDP MPP Jagmeet Singh’s office has generously agreed to receive the paper petition in his office and present it at Queen’s Park.

If you or a loved one were injured in an auto accident, at work or elsewhere wouldn’t you want an honest, unbiased and qualified medical opinion/report of your injuries? That’s just not happening in Ontario for injured and disabled individuals who make a claim for benefits through their private or public insurers. What if it was your fault that something happens to someone else? You’d want them to have the best chance at recovery wouldn’t you?

Please print, sign and circulate the petition because quality and qualified medical evidence shouldn’t be something we need – it should be something we already have because there is no real justice without it.

Make a copy and mail the ORIGINAL copies to: MPP Jagmeet Singh, Room 172 Main Legislative Building, Queen’s Park 111 Wellesley St. Toronto, ON M7A 1A5

Thanks for being part of the collective voice needed for change!

Other On-line petition: https://www.change.org/p/the-legislative-assembly-of-ontario-support-a-public-inquiry-into-medical-evidence-in-ontario-s-courts-and-tribunals (these signatures are also important to make our point elsewhere and it gives those on-line the power and opportunity to use their voice)

Astounding – applications for hearings at FSCO up to March 31 2016

FSCO Mediation filed in Feb/March (compared to earlier figures that incl Jan 2016)   10,961 application (+ 2742 in Jan)

FSCO Arbitration filed in Feb/March (compared to earlier figures that incl Jan 2016)   4,206 applications (+737 in Jan)

FSCO Total med/arb from Jan to March 31 2016 = 18,646

FSCO Total open files cases pending to March 31 2016 = 26,623

Med-Arb-Timelines 2007-Mar 2016

Copy of Med-Arb-Timelines 2007-Jan 2016

AABS Statistics

Automobile Accident Benefits Service – Statistics
  April 2016 May 1 – May 12, 2016
# of Applications received 137 112
# of Case Conferences scheduled 0 29
# of Case Conferences conducted 0 0
# of Hearings conducted 0 0