Author Archives: Admin4

‘OK doc, I’m rolling’: Physicians told to expect patients recording them

Physicians are being advised by their insurer that patients could record them using smartphones — with or without permission.

The Canadian Medical Protective Association, which among other legal services, insures doctors against malpractice, recommends physicians consider setting recording policies for their clinics.

http://www.cbc.ca/news/health/doctors-expect-to-be-recorded-by-patients-1.4222727

People With Chronic Pain Are Sharing Their Experience Taking Opioids to Fight Opioid Abuse Stigma

There’s a new social media trend of publicly shaming opioid users. In the past two weeks, at least two photos have been publicly shared on social media by police in Ohio and Massachusetts of parents passed out on opioids in front of their children. While opioid abuse is a real problem in the U.S., shaming people who use opioids hurts the millions of people who have been prescribed opioids to treat their chronic pain.

https://themighty.com/2016/09/people-with-chronic-pain-share-their-experience-taking-opioids/

ODSP and OW exemptions: Major Changes to interplay with car accident and personal injury awards

Recently released legislation appears to have made major changes to the law regarding ODSP and OW exemption limits for car accident and personal injury cases.  These changes appear to have been made very quietly without any significant announcements.

https://law123.ca/odsp-and-ow-exemptions-major-changes-to-interplay-with-car-accident-and-personal-injury-awards/

On accessibility, Ontario needs less secrecy, more action: Editorial

David Lepofsky just wants to make sure the province is doing what it promised to do. A disability advocate and lawyer, Lepofsky has worked tirelessly since the McGuinty Liberals passed the landmark Accessibility for Ontarians with Disabilities Act (AODA) in 2005, holding the government to account as it moves toward its goal of a fully accessible Ontario by 2025.

https://www.thestar.com/opinion/editorials/2017/08/06/on-accessibility-ontario-needs-less-secrecy-more-action-editorial.html

Damages Can Vary Widely for Mild Traumatic Brain Injury

Routinely, I field questions about how damages are assessed in personal injury matters. Needless to say, the determination is highly complex and depends on a staggering array of factors, including the nature of the injury suffered, and the age and circumstances of the person afflicted.

http://www.vandykelaw.ca/2017/08/damages-can-vary-widely-for-mild-traumatic-brain-injury/

Crash claims cost the TTC more than $30 million last year

The TTC’s insurance costs surged last year, pushing the amount the transit agency spent to settle accident and other claims to $33.6 million.

According to figures provided by the transit agency, the money it paid out in 2016 was a 50-per-cent increase compared to 2014, when the TTC settled $22.3 million worth of claims. It was also higher than the $29.4 million it spent in 2015.

https://www.thestar.com/news/city_hall/2017/07/31/crash-claims-cost-the-ttc-336-million-last-year.html

More than half of Canadians plan to keep driving past age 80: survey

Canadian drivers are reluctant to give up the wheel once they get older, a new survey by State Farm has found.

The insurance company polled 3,581 people of driving age across Canada in March 2017 to find that 55 per cent of respondents would keep driving past 80 years of age. About 29 per cent would give up their licence between ages 80-84, 16 per cent would stop driving before 90 years of age, while 10 per cent would keep driving after 90.

http://globalnews.ca/news/3642357/older-canadians-driving-licence-survey/?utm_source=GlobalNews&utm_medium=Facebook

BICO, DAS battle it out with newcomers in the legal protection market

Canadian legal protection insurance is a growing – and evolving – industry sector. This year has seen a shake-up in the way things are done.

It’s a fairly unique form of insurance and, traditionally at least, there have been few players in the Canadian market. But that’s changing – Aon, ARAG, and Arch have all recently entered the space.

http://www.insurancebusinessmag.com/ca/news/breaking-news/bico-das-battle-it-out-with-newcomers-in-the-legal-protection-market-74906.aspx

Empey v. Flindall, 2017 ONSC 4618 (CanLII)

[24]           While always mindful of the principle of proportionality and of the criteria set out in rule 57.01 of the Rules of Civil Procedure, I cannot ignore the fact that the third party decided to play hardball over a low value claim and opted to go to a jury trial for three and a half days, rather than contribute $30,000 to settle the case in its entirety.

[25]           I see no reason for the defendant not to be substantially indemnified for being required to go through a trial because of what I presume to be the third party’s insurer’s refusal to accept a recommendation from highly experienced counsel to settle for $30,000, and then not accepting the defendant’s rule 49.02 offer of 30 May 2017.

Action needed on cost of car insurance

Despite having one of the lowest rates of collisions and fatalities in the country, Ontario drivers continue to pay the most for vehicle insurance, and the cost isn’t going down.

https://www.cambridgetimes.ca/opinion-story/7468071-action-needed-on-cost-of-car-insurance/