Author Archives: Admin4

Ontario Helping Social Assistance Recipients Get Ahead

Ontario is helping people who receive support through the Ontario Disability Support Program (ODSP) and Ontario Works by increasing the exemption limits on compensation awards for loss or injury in order to allow individuals to benefit more from these awards without reducing their income support.

https://news.ontario.ca/mcss/en/2017/08/ontario-helping-social-assistance-recipients-get-ahead.html

Health Claims for Auto Insurance Guideline

http://www.fsco.gov.on.ca/en/auto/autobulletins/2017/Documents/a-02-17-1.pdf

Contingency fees should be simple and standard: Spurgeon

After making changes to referral fees and advertising, the Law Society of Upper Canada (LSUC) is turning its attention to contingency fees, says Hamilton personal injury lawyer Andrew Spurgeon.

“The present system is archaic and needlessly complicated,” says Spurgeon, partner with Ross & McBride LLP.

http://www.advocatedaily.com/andrew-spurgeon-contingency-fees-should-be-simple-and-standard-spurgeon.html?sthash.8VNwQots.mjjo

Ontarians Pay Too Much For Auto Insurance, And Here’s Why

Ontario’s 9.7 million drivers pay too much for auto insurance.

Bet you didn’t think you’d hear that from Ontario’s auto insurers. But it’s true: drivers in this province pay far more than drivers in every other province. In 2016, Ontario drivers paid on average $1,437, which is 19 per cent more for auto insurance than drivers in Alberta, and 65 per cent more than drivers in Atlantic Canada.

http://www.ilstv.com/ontarians-pay-much-auto-insurance-heres/

Intact has yet to see ‘full impact’ of 2016 change to Ontario auto catastrophic impairment criteria

It has been more than a year since Ontario changed its criteria for catastrophic impairment and reduced the mandatory coverage for accident benefits, but the “long tail profile” of accident benefits claims means the Ontario reforms “have not fully been reflected yet” in the financial results of Intact Financial Corp., company officials suggested Wednesday.

https://www.canadianunderwriter.ca/insurance/intact-yet-see-full-impact-2016-change-ontario-auto-catastrophic-impairment-criteria-1004118618/

More mediation, less adversity needed in accident cases: Ford

The adversarial legal system creates ethical challenges for medical experts and allows simple cases to become unnecessarily lengthy and expensive, says Toronto orthopaedic spine and trauma surgeon Dr. Michael Ford.

http://www.advocatedaily.com/none-more-mediation-less-adversity-needed-in-accident-cases-ford.html

LSUC looks to tackle complaint delays

Despite attempts to speed up the length of time it takes for complaints to make their way through its system, the Law Society of Upper Canada saw the median age of complaints rise considerably in 2016.

http://www.lawtimesnews.com/201708086338/headline-news/lsuc-looks-to-tackle-complaint-delays

Third-Party Claim: Is It Out Of Time?

Third party proceedings can be an efficient, and cost-effective way of adding parties and any related claims arising from the same set of facts. Rule 29.02 provides the time constraints for when third party claims must be issued: within ten days after the delivery of a statement of defence, within ten days after the plaintiff delivers a reply in the main action, or at any time after this, either with the plaintiff’s consent or with leave of the court.[1]Leave must be granted by the court according to the Rule, unless the plaintiff would be prejudiced thereby, which the court has interpreted as needing to be “more than a mere inconvenience”.

https://www.lexology.com/library/detail.aspx?g=431cb6fc-4ca7-4dc5-9288-698afe20da9d&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2017-08-02&utm_term=

Don’t cut lawyers out of accident benefits system

Removing lawyers from the accident benefits system would be bad for injured victims, says Ottawa personal injury lawyer Najma Rashid.

In his recent report on the state of the auto insurance in Ontario, David Marshall, the former CEO of the Workplace Safety and Insurance Board, called the proliferation of lawyers in the accident benefits system a sign of its failure and said his ideal version would have virtually no room for them.

http://www.advocatedaily.com/najma-rashid-dont-cut-lawyers-out-of-accident-benefits-system.html

Delayed Diagnosis and the Right to Sue

As a general rule, injured people are required to sue within two years of the date of the incident giving rise to their lawsuit. This two year “limitation period” is prescribed by the Limitations Act, 2002. The Act states that a proceeding shall not be commenced in respect of a claim after the second anniversary of the day on which the claim was “discovered.” Generally speaking, a claim is said to be discovered on earlier of (a) the day the person first knew that he or she had a claim, or (b) the day the person ought to have known that he or she had a claim. The Act also states that a person is presumed to have known that he or she had a claim on the day the incident took place, unless proven otherwise.

http://www.mcleishorlando.com/delayed-diagnosis-right-sue/