• 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

August 16, 2018

Tories pledge to work with industry to lower Ontario auto rates

Ontario’s new finance minister is promising to work with industry to reduce auto insurance rates, but does not want the as-yet-unspecified plan to be a mere “photo opportunity.” 
 
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How individual insurers have responded to challenges in Ontario auto

Despite a consensus in the industry that auto insurance rates are inadequate in Ontario, not all insurers are trying to diversify their business to reduce their exposure to this particular line. 
 
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How the old catastrophic impairment definition still affects Ontario auto insurers

It has been more than two years since Ontario changed the definition of catastrophic impairment, but Canada’s largest auto insurer is still dealing with claims that arose under the old cat definition. 
 
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Where Canadian drivers pay the most (and least) for auto insurance

When it comes to auto insurance premiums in Canada, drivers in British Columbia pay the most, followed by Ontario, data supplied by Insurance Bureau of Canada (IBC) revealed Wednesday. 
 
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“Based on actuarial data, drivers are placed into groups,” said Pete Karageorgos, director, consumer and industry relations with the Insurance Bureau of Canada (IBC) said in an e-mail. “Younger drivers, for example, are more likely to have a claim than a middle-aged driver, and this is reflected in the rates they pay.” 
 
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Court tosses elderly couple’s 15-year-old auto insurance claim

Fifteen years after their auto accident, an elderly couple representing themselves in court lost their bid to further postpone their claim against their auto insurer, following years of adjourning trial dates and failing to show up in court. 
 
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Are Accident Victims Getting A Fair Hearing Before The LAT?

When deciding whether an adjudicative proceeding like a trial or a tribunal hearing has been conducted fairly, appellate judges will often cite a fundamental judicial principle: “that justice must not only be done but must be seen to be done”. This principle stands for the fact that the public needs to have confidence that any such hearings are decided  by the judge or adjudicator based on the evidence presented by the parties at the hearing in a fair and open forum.  Part of this process means that the judge or adjudicator allows the parties to make submissions on points to which the adjudicator is directing their minds. If these decisions are made through the influence of any external factors this represents a fundamental problem to the judicial principle of fair adjudication. 
 
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How Long Term Disability Cases work in a Nutshell (Ontario)

Most LTD policies contain provisions that LTD insurers are entitled to a dollar for dollar credit of any money you receive from any other disability policy or income source. If are are receiving a disability pension from a pension plan, or a CPP Disability, or WSIB Benefits; the LTD insurer will want to know. They will then deduct dollar for dollar what income you are receiving and set off that amount against the LTD benefit owing. The result is that the insurer saves money. 
 
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What to Expect When a Family Member Has Sustained a Traumatic Brain Injury

When a loved one sustains a traumatic brain injury, the entire family is immediately affected. During the acute period, there is often a fear of the unknown. Family members will rally around their loved one while they try to understand what has happened and what the future will hold. All family members will experience the disability in some way and eventually they must all learn to cope with the reality of living with someone who has suffered a brain injury. 
 
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Kapoor v Kuzmanovski – issue of jurors having a conflict of interest as rate-payers
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SALMAN v. IPACS, 2018 ONSC 4803 (CanLII), <http://canlii.ca/t/htdb0 
 

Nature of the Action and Motion

[1]               The plaintiff’s action against the defendants is for damages for alleged lawyer’s negligence arising out of a settlement negotiated by the defendant, Robert Ipacs (“Ipacs”), of the plaintiff’s tort claim for injuries resulting from a motor vehicle accident. The settlement was agreed to by the plaintiff at a pre-trial on February 8, 2012.

[2]               In her Amended Fresh as Amended Statement of Claim the plaintiff alleged that her interests were severely compromised by Ipacs’ negligent handling of her tort claim and his handling of the assessment of the final account of her previous lawyer Shawn Patey (“Patey”). Among the particulars of negligence pleaded in the statement of claim, the plaintiff alleged that Iapacs:

(a)           failed to give her proper legal advice and instruct her on the possible consequences of accepting the offer of settlement of the tort claim;

(b)         rashly advising the plaintiff to accept the tort claim offer when he knew or ought to have known that the offer was not adequate compensation for her injury, nor adequate to sustain her for the rest of her life; and

(c)           being an incompetent legal advisor lacking in reasonable skill and experience such that he ought not to have been rendering legal advice.

[3]               The defendants have brought a motion for summary judgment pursuant to rule 20 of the Rules of Civil Procedure dismissing the plaintiff’s action against them.

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