Author Archives: Admin4

Applicant’s Evidence for CAT Designation Is Unreliable – Garofalo and Economical

Mr. Joseph Garofalo was injured in a car accident August 18, 2008. He applied for arbitration at the FSCO after his claim failed with Economical.

https://www.deutschmannlaw.com/blog/post/applicants-evidence-for-cat-designation-is-unreliable-garofalo-and-economical

Tribunal Overturns Hundreds Of WSIB Decisions

The Workplace Safety and Insurance Board is being accused of cutting benefits to injured workers and trying to send them back to work prematurely.

The Industrial Accident Victims’ Group of Ontario says hundreds of decisions made by WSIB are being overturned because they run counter to medical evidence or were based on no evidence at all.

http://blackburnnews.com/chatham/chatham-news/2017/07/03/tribunal-overturns-hundreds-wsib-decisions/

Ontario court orders end to secrecy around names of highest-paid MDs

Ontario’s Divisional Court has ordered an end to the secrecy surrounding the province’s highest-billing doctors.

A three-judge panel dismissed an application to quash an order from Ontario’s Information and Privacy Commissioner to make the names of the highest-paid physicians public, ruling that the order was a reasonable one.

https://www.thestar.com/news/queenspark/2017/06/30/ontario-court-orders-end-to-secrecy-around-names-of-highest-paid-mds.html

The hidden history of Bob Rae’s government in Ontario

When the NDP won government in Ontario exactly 20 years ago, it constituted the greatest advance for social democracy in North American history.

It’s true that British Columbia, Saskatchewan and Manitoba had all elected NDP governments and that progressives had won small victories in various parts of the United States. But none of them (I hope this doesn’t hurt their feelings) mattered in the same way Ontario then did. It was the economic heartland of Canada, the home of much of Canada’s industry and finance. What happened in Ontario impacted all Canadians. Now it was under the control of Bob Rae and the New Democrats.

https://beta.theglobeandmail.com/news/politics/second-reading/the-hidden-history-of-bob-raes-government-in-ontario/article1314254/?ref=http%3A%2F%2Fwww.theglobeandmail.com&service=mobile

Flowcharts summarizing the processes under the Rules of Civil Procedure

https://www.attorneygeneral.jus.gov.on.ca/english/courts/civil/changes_to_rules_of_civil_procedure_flowcharts.pdf

FSRA

The legislation establishing the Financial Services Regulatory Authority of Ontario (FSRA) has been proclaimed into force. This step demonstrates progress in the government’s commitment to modernize how financial services and pensions are regulated in order to improve consumer, investor and pension plan beneficiary protection.

To coincide with the proclamation, the government has appointed FSRA’s board of directors: Bryan Davies (Chair), Kathryn Bouey and Judith Robertson. These new board members will supervise the management of FSRA, including the development of a detailed transition plan for the organization.

More information on the establishment of FSRA, including board member bios, can be found here.

As their work progresses, the Ministry of Finance and the FSRA board will continue to consult with stakeholders, including the existing agencies (i.e. the Financial Services Commission of Ontario (FSCO), the Financial Services Tribunal (FST) and the Deposit Insurance Corporation of Ontario (DICO)).

Questions regarding FSRA can be submitted via email to inquiries@fsrao.ca.

Amendment to professional conduct rules raises debate at LSUC Convocation

The Law Society of Upper Canada’s Convocation on June 29 raised some heated debate over a motion to amend the Rules of Professional Conduct regarding the provision of legal opinions.

https://www.thelawyersdaily.ca/articles/4106/amendment-to-professional-conduct-rules-raises-debate-at-lsuc-convocation?category=news

Injuries Do Not Fall Outside the MIG – YY v Aviva Insurance, 2017 CanLII 33668 (ON LAT)

Y.Y.  was involved in car accident on February 1, 2015 and sought benefits pursuant to the SABs, however when Aviva denied YY’s claim for an attendant care assessment and medical benefits for chiropractic treatment. Aviva denied the benefits as YY’s injuries fall within the MIG and are subject to a $3,500.00 limit. In the alternative, Aviva takes the position that, even if YY did sustain injuries of an extent to take him out of the MIG, the assessment and treatment proposed are not reasonable or necessary.

https://www.deutschmannlaw.com/blog/post/injuries-do-not-fall-outside-the-mig-yy-v-aviva-insurance-2017-canlii-33668-on-lat

Mobile telematics can fill gaps between accidents and bring valuable insights to insurers

Using mobile telematics data could offer valuable insights on distracted driving, despite sometimes offering meaningless information. Using the data from telematics devices could allow insurance companies to better understand impact loss trends, argued a speaker at the third Insurance Analytics Canada Summit.

https://www.shopinsurancecanada.ca/blog/news/mobile-telematics-can-fill-gaps-between-accidents-and-bring-valuable-insights-to-insurers/

Report explores hundreds of Workplace Safety and Insurance Board cases that ignore evidence

Information from IAVGO Community Legal Clinic: The WSIB claims that drastic reductions in benefits costs are the result of improved “return to work and recovery” programs. The 2016 decisions of the Workplace Safety and Insurance Appeals Tribunal tell a different and troubling story. Appeals Tribunal decision-makers have commented that the WSIB’s decisions are “unreasonable” in ignoring the “unanimous opinions” of doctors, are based on “not a single word of medical or other reliable evidence”, and would place the worker at “medical risk”.

http://yourlegalrights.on.ca/news/report-explores-hundreds-workplace-safety-and-insurance-board-cases-ignore-evidence?tid=7

http://iavgo.org/wp-content/uploads/2013/11/No-Evidence-Final-Report.pdf