• 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 5, 2019

by Admin2

List of FSRA SAC participants (new) https://www.fsrao.ca/industry/auto-insurance-sector/stakeholder-advisory-committee-property-casualty-pc-insurance

List of Ad hoc Industry Advisory Groups Current Members As of June 4, 2019
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Settlement of Class Action About The Personal Insurance Company

TORONTO, Oct. 28, 2019 /CNW/ – A national class action has been certified on consent against The Personal Insurance Company, and the Ontario Superior Court of Justice has approved a settlement of that proceeding. The plaintiff, Mr. Haikola, alleged that The Personal had failed to comply with an implied term of its contractual obligations to its insureds, when The Personal accessed its insureds’ credit scores as part of its claims management process when its insureds made claims under their automobile insurance policies. 
 
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Ellen Roseman: Insurance is personal finance’s blind spot

The federal government has been on a mission to improve your financial literacy ever since the 2008 financial crash.

To be financially literate, you need to know how to track your expenses, use credit wisely, comparison shop, save for the future, invest prudently and protect yourself from scams.

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CLHIA: Many Canadians falsely believe benefits fraud is not a crime

Following recent news around workplace benefits fraud, the Canadian Life and Health Insurance Association (CLHIA) has published a new advisory which warns that many Canadians do not fully understand the ramifications of benefits fraud. 
 
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Smartphones can be more deadly than impaired driving, data suggests

In recent years, distracted driving fatalities have surpassed those caused by impaired driving in some parts of Canada, according to data from the Traffic Injury Research Foundation (TIRF). In Ontario alone so far this year, provincial police report that distracted driving has accounted for 44 fatalities while impaired driving has led to 34 deaths.
In addition to the deaths and injuries, the number of collisions related to distracted driving that include other things like eating, applying makeup or fiddling with the radio while behind the wheel — is pushing up the price of auto insurance across the board. Some Canadians say they’ve even been denied comprehensive and collision insurance because of a distracted driving conviction. 
 
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OCF-19 Application for Determination of Catastrophic Impairment

People who have been very very very seriously hurt in a motor vehicle accident need to know the ins and outs of the OCF-19 Application for Determination of Catastrophic Impairment Form. 
 
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Top court won’t review amputee’s bid for military disability benefits

OTTAWA — A decorated military officer who suffered serious injuries in a car accident won’t get a chance at the Supreme Court of Canada to argue her case for disability benefits. 
 
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Survey Repudiates Canada’s Pain Care Policies   

A recent survey by the Chronic Pain Association of Canada (CPAC) demonstrates all too well that our Canadian neighbors are sharing in the misfortune of America’s man-made crisis in pain care. 
 
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Hope for patients with traumatic brain injury

Every year, more than 1.7 million people suffer a traumatic brain injury (TBI), most of them from falls and car accidents. About 288,000 of those people are hospitalized, and 50,000 of them die. Now, imagine that every potential TBI victim receives an injection as soon as they arrive at the emergency department. The injection not only prevents brain inflammation, but it dramatically reduces the odds of long-term effects. 
 
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Fordjour v. Royal and Sun Alliance Ins. Co. of Canada, 2019, 2019 ONSC 6268 (CanLII), <http://canlii.ca/t/j34kw  

[4]               Ms. Fordjour’s family physician, Dr. Saito, was a central witness in Ms. Fordjour’s case.  At the hearing, the Adjudicator ruled that Dr. Saito could not give opinion evidence.  This ruling was wrong:  see: Westerhof v. Gee Estate, 2015 ONCA 206 (CanLII).  This ruling undermined the Adjudicator’s assessment of Dr. Saito’s evidence and led the Adjudicator to disallow admissible evidence:  it infected the fact-finding process.

[5]               On reconsideration, LAT found that this error was corrected when the Adjudicator was persuaded that Westerhof would ground opinion evidence from Dr. Saito.  This conclusion is unreasonable.  Evidence had been excluded on the basis of an erroneous ruling and the Adjudicator did not reopen the evidence to hear the opinion evidence from Dr. Saito.

[9]               On reconsideration, LAT concluded that the causation analysis was “implied”.  We find that this conclusion is unreasonable.  Crucial factual findings were not made on the causation issue.  The test for causation (set out in this court’s decision in Sabadash v. State Farm, 2019 ONSC 1121 (CanLII)) and an analytical approach to applying that test (such as that set out in the Court of Appeal’s decision in Heath v. Economical Mutual Insurance Co., 2009 ONCA 391 (CanLII)) were not stated.  Nor is there a basis to infer that the proper test and analysis were applied.

[10]           Reasons are not to be subjected to a minute analysis, but in this case the failure of the reasons renders them insufficient.  We cannot be satisfied that the proper test was applied or that the factual findings were made to support the decision.

[11]           The appeal is allowed.  The decisions below are set aside and the case is remitted back to LAT for a new hearing before a different adjudicator.

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