The talk of walls between nations garners significant attention. There is virtually no discussion, by contrast, of the walls that exist within nations. In Canada, there is a particularly high “welfare wall” that acts to keep people out of the mainstream of society.
Author Archives: Admin4
Transparency is key on OHIP billings: Editorial
Ontario’s highest billing doctors have lost yet another battle in their fight to keep what they receive from the Ontario Health Insurance Plan secret.
Ontario’s dentist watchdog plagued by ‘toxic culture,’ lawsuit alleges
A former senior director with Ontario’s dentist watchdog has filed a $1-million wrongful dismissal suit against her former employer and its registrar alleging a “systemic culture of harassment and workplace bullying” that involves conflict of interest and sexual harassment toward staff.
Lawsuit seeks relief for injured workers struggling with mental illness
Legislation that for two decades has prevented injured workers with mental health issues caused by long-term trauma on the job from receiving compensation should immediately be declared invalid, a new lawsuit argues.
Lawsuit takes on WSIB for rejecting ‘chronic mental stress’ claims
A new court case will try to overturn Ontario’s denial of compensation for workers whose jobs caused them ongoing mental stress.
CBC News has obtained court documents in which lawyers representing workers argue the provincial government and the Workplace Safety and Insurance Board (WSIB) are violating the Charter of Rights by excluding chronic mental stress from the kinds of injuries eligible for compensation.
http://www.cbc.ca/news/canada/
Aviva Insurance Company of Canada v. McKeown, 2017 ONCA 563 DATE: 20170704 DOCKET: C62809
A. OVERVIEW
[1] This appeal is about the nature of the notice an insurer must give in order to exercise its statutory right to examine under oath an applicant who has claimed benefits under the Statutory Accident Benefits Schedule (“SABS”), O. Reg. 34/10, a regulation under the Insurance Act, R.S.O. 1990, c. I.8. Section 33 (2) of the SABS provides that an applicant for SABS benefits “shall submit to an examination under oath” if requested by the insurer. Section 33 (4) 3 requires an insurer to give the applicant reasonable advance notice of the “reason or reasons for the examination.”
[2] Six applicants for benefits demanded Aviva Insurance Company of Canada provide a “reason” in the sense of a “justification” for its request that they attend examinations under oath. Aviva brought an application in the Superior Court for a declaration that a justification was not required to compel a person claiming statutory accident benefits to attend at an examination under oath, and for an order compelling the six applicants to attend examinations.
[3] The application judge dismissed the application and issued a declaration that an insurer must provide a “justification” to compel an applicant for benefits to attend an examination under oath if the insurer requests one pursuant to s. 33(2) of the SABS. She denied Aviva’s request for an order that each of the six applicants for benefits attend for an examination under oath.
[4] Aviva appeals, but only in respect of three of the six respondents to the application. I would allow the appeal, set aside the application judge’s declaration, and replace it with the declaration that an insurer is not required to provide a justification for its request that the applicant attend an examination under oath. I would grant an order that each of the three respondents to the appeal attend an examination under oath.
Lawyers split on proposed contingency fee cap
Some lawyers say a proposed cap on contingency fees under consideration by the Law Society of Upper Canada could be problematic for access to justice.
http://www.lawtimesnews.com/20
Like Many Ontarians, I Fell Victim To A Double-Dipping Lawyer
According to a recent article in the Toronto Star, there is a report coming from the Law Society of Upper Canada which — to be blunt — I will truly have to see to believe. I’m sure the Star has all their facts straight, but according to the Law Society’s working group report, “change is necessary to protect consumers.”
Understanding car insurance benefits key to being prepared
A major part of ensuring you are financially prepared for the unexpected costs in the aftermath of an accident involves checking car insurance policies to make sure you understand the coverage, says Easy Legal Finance Inc. president and CEO Larry Herscu.
Medical Experts Concur the Applicant Falls Within MIG – D’Silva and Personal
Ms. Rosalina D’Silva was injured in a car accident on October 7, 2012 and sought accident benefits from Personal. When they were unable to resolve their differences Ms. D’Sliva applied to the FSCO for arbitration.