Author Archives: Admin4

Long-term Disability Application Deadlines

If you have long-term disability insurance, through your employer’s plan or an individual policy, you may apply for long-term disability benefits if an illness or injury prevents you from working.  This coverage exists to provide income replacement to pay for day-to-day living expenses and medical treatments required for your recovery.

https://www.ilolaw.ca/blogpost/long-term-disability-claim-application-deadlines

What it’s like to be an emergency physician who’s had enough

I think there’s a misunderstanding about what the problem with overcrowding is. As a country, we are high users of emergency departments. However, the sore throats and ankles are not a problem for us to deal with. They don’t occupy beds for a long time. It’s the admitted patients who get parked in emerg who are the big problem.

http://www.theglobeandmail.com/life/health-and-fitness/health/what-its-like-to-be-an-emergency-physician-whos-had-enough/article35014805/?cmpid=rss1&click=dlvr.it

CAT benefits denied on basis of applicant lacking credibility – McCready and State Farm

Catastrophic Injury: CAT benefits; burden of proof not met by applicant; applicant misleading on EI application; applicant not truthful; social media evidence used against applicant; Arbitrator found Ms. McCready’s testimony to be contradictory and lacking credibility

https://www.deutschmannlaw.com/blog/post/cat-benefits-denied-on-basis-of-applicant-lacking-credibility-mccready-and-state-farm

Usanovic v. Penncorp Life Insurance Company (La Capitale Financial Security Insurance Company), 2017 ONCA 395

http://www.ontariocourts.ca/decisions/2017/2017ONCA0395.htm

[2]            I would dismiss the appeal. Under the Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, the limitation period began to run when the claim was “discovered”, as determined by s. 5. The insurer’s duty of good faith did not require it to give notice of the limitation period to its insured. While the legislatures of some provinces have imposed a statutory obligation to that effect, there is no such requirement in Ontario. Whether there should be is a matter I would leave to the legislature.

[44]        There is no statutory provision in this case similar to that considered by the Supreme Court in Smith v. Co-operators. Further, as Gonthier J. cautioned in Smith v. Co-operators, “it is not the role of this Court to set out the specific content of insurance refusal forms. This task is better left to the legislature” (at para. 14).

[45]        The Ontario legislature might have gone further than it has, for example, by adopting the approach taken in Alberta or British Columbia. It presumably chose not to do so and, in my respectful view, the court should not impose consumer protection measures on insurers, outside the terms of their policies, that the legislature has not seen fit to require. A properly crafted regime, such as those in effect in Alberta and British Columbia, would not only have to specify the requirement to give notice, but also the consequences of failing to do so.

[46]        The consequences of the appellant’s proposed expansion of the duty of good faith are significant. The appellant’s interpretation would effectively judicially overrule the provisions of the Limitations Act, 2002 by making notice given by an insurer to an insured the trigger for the limitation period, rather than discoverability of the underlying claim. This would defeat the purpose of the statute and bring ambiguity, rather than clarity, to the process.

E.             CONCLUSION AND ORDER

[47]        For these reasons, I would dismiss the appeal with costs to the respondent in the amount of $15,000, inclusive of disbursements and all applicable taxes.

Released: “G.R.S.”  May 18, 2017

Practical Strategies Webinar: June 1st In Review

Thursday, June 1 , 2017 9:00 am – 10:30 am

This webinar is FREE

This Practical Strategies webinar is designed to provide health care professionals and lawyers with important updates on the law. This webinar is hosted by a panel of experienced personal injury lawyers, and health care providers. The goal of this webinar is to keep you informed and up to date.

https://pialaw.ca/news-events/events/practical-strategies-webinar-june1st-in-review/

Car Accident Series: Tips for Cross-Border Road Trips

For Canadians, summer is always a welcome sight. The change in seasons automatically invokes thoughts of sunny days, picnics, barbeques and road trips. Regardless of whether it is a short drive to the beach, a cross-Canada road trip, or a cross-border excursion into the United States, vacations can be interrupted by accidents anywhere and at any time.

http://www.hshlawyers.com/articles/tips-for-cross-border-road-trips/

Non-approved Ontario auto insurance forms are not necessarily void, court rules

Forms not approved by the Ontario Superintendent of Financial Services are not necessarily void, according to a ruling by the province’s appeal court. On Wednesday, the court said an auto insurance form not approved can still be valid.

https://www.shopinsurancecanada.ca/blog/news/non-approved-ontario-auto-insurance-forms-are-not-necessarily-void-court-rules/

Avoiding Limitation Period Pitfalls

It is one of a lawyer’s worst nightmares: missing a limitation period. It can be a very easy mistake to make and yet the consequences can be enormous.

There are numerous “pitfalls” that can lead to missed limitation periods and other limitation period problems. Some of these pitfalls are relatively easy to avoid whereas others can trip up even the most skilled and careful of lawyers.

http://www.slaw.ca/2017/05/16/avoiding-limitation-period-pitfalls/?utm_source=dlvr.it&utm_medium=twitter

Applicant has no pre-existing medical conditions – benefits limited by MIG: E.F. v RBC Insurance Company

E. F. was injured in a car accident on December 6, 2015, and sought benefits pursuant to the SABS. He applied for physiotherapy services and a functional abilities evaluation which were denied by RBC, as it held that E.F. had suffered predominantly minor injuries and that treatment fell within the MIG. When the parties could not resolve their disputes, E.F. applied to the LAT.

https://www.deutschmannlaw.com/blog/post/applicant-has-no-pre-existing-medical-conditions-benefits-limited-by-mig-ef-v-rbc-insurance-company

Opioid prescriptions increasing in Ontario, despite crisis

Despite widespread attention paid to the opioid crisis, the number of prescriptions filled for the powerful painkillers and the number of people taking them have continued to rise in Ontario, a new report says.

http://www.theglobeandmail.com/news/national/opioid-prescriptions-increasing-in-ontario-despite-crisis/article35012073/