Author Archives: Admin4

Linett v. Aird & Berlis LLP, 2018 ONSC 2144 (CanLII)


[51]           Before concluding, I believe it is appropriate and necessary to observe that the circumstances described here raise serious questions about the fairness and effectiveness of the current process for assessing solicitors’ accounts in Ontario. As described earlier, there is a significant public interest in a fair procedure for the assessment of a solicitor’s bill. Not only is this important for the administration of justice, as well as for solicitors and their clients, it is a simple matter of consumer protection.

[52]           The legislature has been able to devise effective processes to resolve disputes arising between a wide variety of licensed professionals and their clients in Ontario. It would appear timely for the relevant authorities and decision-makers to review the process for the assessment of solicitors’ accounts so as to ensure that a similarly fair, effective and expeditious dispute resolution process is in place.

Take Notice: There is no time for Notice

As Ontario’s auto insurance industry was waiting anxiously, the Court of Appeal for Ontario released an interesting decision on priority dispute notices to claimants.

https://www.insblogs.com/auto/take-notice-no-time-notice/8191

Insurers applaud provincial decision to remove retail sales tax on insurance premiums

Newfoundland and Labrador’s decision to remove 5% of the retail sales tax paid on auto insurance premiums over the next four years will help return stability to the market, the Insurance Bureau of Canada (IBC) said Tuesday.

https://www.canadianunderwriter.ca/insurance/insurers-applaud-provincial-decision-remove-retail-sales-tax-insurance-premiums-1004129304/

Plaintiffs can’t sue for bad faith in accident benefits disputes

An Ontario Superior Court of Justice decision to bar an accident benefits claimant from suing her insurer in court for bad faith is unfortunate news for plaintiffs, Ottawa personal injury lawyer Najma Rashid tells AdvocateDaily.com.

http://www.advocatedaily.com/najma-rashid-plaintiffs-cant-sue-for-bad-faith-in-accident-benefits-disputes.html

Claims for aggravated damages need evidentiary basis

Plaintiffs can’t expect to collect aggravated damages against insurers without leading evidence to support the claim, says Toronto personal injury lawyer Gary Will.

Will, the managing partner of Will Davidson LLP, says the Supreme Court removed any legal barrier to aggravated damages in a landmark 2006 decisioninvolving a bank receptionist who had her long-term disability (LTD) benefits wrongly terminated.

http://www.advocatedaily.com/gary-r–will-claims-for-aggravated-damages-need-evidentiary-basis.html

Privacy controls must be placed back into the hands of the individual

How is it that our personal information is so vulnerable to cyberattacks? One attack can expose millions of personal data records, but we are also vulnerable to the privacy policies of the organizations that house our data. The main reason is that we currently use a “one-to-many” oversight mechanism, wherein one organization is responsible for protecting the privacy and security of many individuals. These are the Facebooks, Googles, Apples, Equifaxes and so forth. They all give lip service to protecting our privacy, but whether they actually do so is a function of their corporate culture. But what if there was another way, one that did not require the centralized storage of personal data in repositories?

https://www.theglobeandmail.com/opinion/article-privacy-controls-must-be-placed-back-into-the-hands-of-the-individual/

Expert: Scams are not just limited to Ontario, or to auto insurance

Following the controversial discovery that several Ontario body shops had committed insurance fraud, an industry expert is reminding both customers and insurers that scams can take many forms.

https://www.insurancebusinessmag.com/ca/news/breaking-news/expert-scams-are-not-just-limited-to-ontario-or-to-auto-insurance-96025.aspx

Recent rulings provide guidance for CAT cases under new LAT rules

Although no cases have been decided under the new definition of catastrophic impairment (CAT) at the Licence Appeal Tribunal (LAT), a number of matters recently adjudicated under the old definition do provide some guidance in a number of areas, London personal injury lawyer Maia Bent tells AdvocateDaily.com.

http://www.advocatedaily.com/maia-bent-recent-rulings-provide-guidance-for-cat-cases-under-new-lat-rules.html

‘Die-in’ held outside City Hall ahead of Yonge Street vote

Dozens of demonstrators lay on the ground at the doorsteps of City Hall for a ‘die-in’ on Monday evening.

Pedestrians and cyclists who participated say it was a vigil for those who have died on our streets, struck down by motorists. Some of those who attended have been affected firsthand.

http://toronto.citynews.ca/2018/03/26/die-in-yonge-street-vote/

How To Avoid Accidents At Four-Way Stops

Drivers who crash at four way stops usually do so because they were not paying attention. A driver who fails to see and subsequently runs a stop sign is more likely to crash. Further, drivers cannot assume fellow road users are paying attention.

https://oatleyvigmond.com/how-to-avoid-accidents-at-four-way-stops/