• 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

February 28, 2019

by Admin2

Insurance brokers have duty to inform clients of optional products

“There have been significant cuts to auto insurance benefits over the past couple of years and some of the protections of a basic auto insurance policy have been stripped away,” says McLeish, a partner with McLeish Orlando LLP. “As a result, brokers should have an obligation to inform clients of optional uninsured and underinsured insurance coverage when clients’ policies are up for renewal.” 
 
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Why Friday is the most dangerous day to drive on Hwy. 401

A CBC analysis of traffic data collected over a recent five-year period shows more collisions occur on Highway 401 on Fridays than on any other day of the week. 
 
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SCC rules lawyers can be liable for client referrals that go bad

In a cautionary tale for lawyers who refer clients to other service providers, the Supreme Court of Canada has 8-1 dismissed the appeal of a Montreal lawyer and his firm from a judgment below which holds them liable for the full $6.8 million their client lost after they unwittingly referred her to a financial adviser who later turned out to be a fraudster running a Ponzi scheme. 
 
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College of physicians overstepping its bounds: Shekter

The College of Physicians and Surgeons of Ontario (CPSO) rules on complaints that are outside its authority, says Toronto health lawyer Brooke Shekter, who frequently represents health professionals before their regulatory bodies, including the CPSO. 
 
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Pedestrian & Cyclist Deaths: A Major Public Health Issue

Listeners of CBC’s Sunday Edition recently heard Michael Enright’s short but scathing essay on pedestrian deaths in Canada’s large cities such as Toronto. In it, Enright suggests that the problem with road deaths is that “nobody cares”. 
 
The real cost (just the victim) to hold an insurer accountable = $389,000.00 + HST. Where YOUR premium $ go when insurer ordered to pay victim’s legal costs. Insurers costs (to their lawyers) to deny claim = unknown. Court costs $ to taxpayer = unknown  
 
Sheldon v. Reyna, 2019 ONSC 1265 (CanLII), <http://canlii.ca/t/hxmjv
[1]               After being injured in a rear-end car accident on September 17, 2011, the plaintiff Rosemary Sheldon succeeded in her action against the defendant Manuel Reyna after a 15-day judge-alone trial.

[2]               The plaintiff argues that her total judgment is $827,487.77, an amount which is net of the statutory deductible applicable to awards of non-pecuniary general damages and of the amount of the settlement of the plaintiff’s claim for accident benefits.

[3]               The plaintiff is now requesting:

(a)               correction or clarification of one of my awards for future housekeeping and home maintenance and confirmation of the total amount of her judgment;

(b)               prejudgment interest on her non-pecuniary general damages;

(c)               postjudgment interest;

(d)               the costs of her action on a partial indemnity basis; and

(e)               an order allowing for part of the award to be paid through periodic payments.

 

[32]           To quote from the Boucher case, I consider the following award to reflect a fair and reasonable amount for the defendant to pay:

•        Fees in the amount of $285,000.00 plus HST;

•        Taxable disbursements in the amount of $101,029.77 plus HST; and

•        Non-taxable disbursements in the amount of $3,087.19.
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Sheldon v Reyna, 2018 ONSC 5611 (CanLII), <http://canlii.ca/t/hv7sd
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Sheldon v Reyna, 2017 ONSC 7248 (CanLII), <http://canlii.ca/t/hp4bd
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