• 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

Latest News Articles

November 19, 2018

Ontario government promises auto rate review

The Ontario government announced Thursday it plans to “review how auto insurance rates are regulated” and confirmed the government will still run the Motor Vehicle Accident Claims Fund. 
 
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Ford Conservatives vote against making auto insurance more affordable

At the provincial Conservative Party’s convention in Etobicoke, Policy Resolution 13 read “The PC Party supports reforming auto insurance to make it more affordable while maintaining benefit levels.” 
 
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Recent Divisional Court Ruling Another Blow To Injury Victims Rights

In a recent Divisional Court ruling of Tomec v. Economical Mutual Insurance Company, the Panel has held that a limitation period expires for certain benefits that accident benefits claimants are entitled to even before they meet the requirements to be entitled to those benefits. 
 
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What is usage-based insurance?

Usage-based insurance (UBI), also referred to as pay-per-mile, pay-as-you-drive, or pay-as-you-go, is  a type of auto insurance that, depending on the specific insurer’s program, can measure how far a vehicle is driven, where it’s driven, and/or how it’s driven. 
 
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Ontario Court hits the brakes on duties owed to intoxicated plaintiffs

The expansion of recognized duties of care owed to intoxicated persons recently met resistance from the Ontario Superior Court of Justice. In Stewart et al. v. The Corporation of the Township of Douro-Dummer, 2018 ONSC 4009, the Plaintiff was one of four passengers in a taxi cab who was intoxicated and injured after the cab was involved in an accident. The cab driver was not at fault in the actual accident. 
 
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ICBC says concussions and mental health injuries fall under new claims cap

VICTORIA — Concussions and mental health problems caused by an automobile crash will be considered a “minor injury” and fall under the new $5,500 cap on pain and suffering, according to new rules set by the provincial government. 
 
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Many doctors don’t trust caregivers, but here’s why they should: Dr. Brian Goldman

As a physician for more than 30 years, I’ve been steeped in medical culture. As the host of White Coat, Black Art, I explain and unpack that culture.

In my experience, it’s rare to find a doctor, nurse, or any healthcare worker who truly understands and appreciates what caregivers do for family members.  

https://www.cbc.ca/radio/tapestry/lessons-for-caregivers-1.4907822/many-doctors-don-t-trust-caregivers-but-here-s-why-they-should-dr-brian-goldman-1.4907875

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Mental health outcomes after major trauma in Ontario: a population-based analysis

BACKGROUND: Major injury continues to be a common source of morbidity and mortality; improving the functional recovery of survivors of major trauma requires a better understanding of the mental health outcomes that may occur in this population. We assessed the association between major trauma and the development of a new mental health diagnosis or death by suicide. 
 
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Canadian Worry Check In
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Why BC’s “Minor” Injury / Tribunal Laws Are Vulnerable to a Charter Challenge

British Columbia is not the first jurisdiction in Canada to take away the rights of the public in order to strengthen insurer profits.  This has been done in other Provinces and legal challenges to injury cap laws have withheld constitutional challenge.  BC, however, has gone further than simply capping damages and combined these with a system that forces ‘prescribed’ injury victims away from Court and into a Civil Tribunal.  This combination leaves BC’s recent legislation vulnerable to legal challenge. 
 
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Civil Practice and Procedure Pleadings – Application for particulars

Plaintiff included witness statements from report in amended statement of claim so production ordered

It was alleged that defendant law firm was involved in falsifying and submitting documentation in support of personal injury accident insurance claims made against plaintiffs, resulting in unjustified insurance payments. 

https://www.lawtimesnews.com/case-law/ontario-civil/plaintiff-included-witness-statements-from-report-in-amended-statement-of-claim-so-production-ordered-2054/

Read the decision here: TTC Insurance v. MVD Law, 2018 ONSC 2611 (CanLII), <http://canlii.ca/t/hrt3m

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