Ontario’s new system for arbitrating auto accident benefits claims disputes has “very significant growing pains,” a lawyer told insurance professionals Thursday.
Author Archives: Admin4
Ontario license appeal tribunal making ‘quicker determinations’ in auto claims disputes: BDO speaker
Disclosure of Expert Retainer Letters
The issue of whether a party must produce a lawyer’s ‘instructional letter’ when retaining an expert was considered by the Ontario Superior Court in Nikolakakos v. Hoque, 2015 ONSC 4738. This case involved an action for damages arising from personal injuries sustained in a motor vehicle accident in August 2012. Following examinations for discovery held in August 2014, the Defendants requested that the Plaintiff attend a defence medical examination with an orthopaedic surgeon. The Plaintiff agreed to attend the medical examination on the condition that the Defendant’s lawyer provide a copy of the letter of instruction to the orthopaedic surgeon in advance of the assessment.
http://www.millerthomson.com/e
Law Society sets referral fee cap and approves transparency measures
Convocation approved a cap for referral fees based on a percentage of the legal fee: 15% for the first $50,000 of legal fees and 5% of all legal fees thereafter, to an absolute cap of $25,000.
LSUC approves sliding cap on referral fees
The Law Society of Upper Canada has approved an absolute cap of $25,000 on referral fees. Convocation voted Thursday to implement a sliding cap, which will see referral fees be limited to 15 per cent of the first $50,000 charged in legal fees and five per cent of any fees on top of that, up to a $25,000 cap.
http://canadianlawyermag.com/l
Lawyers need signed consent to refer out cases
The Law Society of Upper Canada voted Thursday to approve several measures to bring the referral process “into the sunlight,” including a “sliding cap” on referral fees, which limits their amount, and a mandatory agreement that all parties will have to sign before a referral can take place.
Disclosure and Investigated Complaints
It is commonly difficult for prospective clients to obtain good information about lawyers and paralegals. The significant growth of brand advertising is cogent evidence of this. Potential clients assume that brand is evidence of quality when that may well not be the case. Substantial sums are paid for brand advertising because it works. Similarly, the advertising of dubious awards and reassuring photographs evidences that lack of genuine information about quality.
http://www.slaw.ca/2017/04/28/
Marshall’s Report Misses The Mark
On April 11, 2017, David Marshall released his report to the Ontario Provincial Government, “Fair Benefits Fairly Delivered: A Review of the Auto Insurance System in Ontario”. The report reveals that private automobile insurers in Ontario are charging drivers on average $1,458 per vehicle for annual automobile insurance premiums – 55 per cent higher than the average in the other provinces
“I Thought I Was OK”—The Invisible Accident Injury
You emerged with no broken bones, cuts or scratches. You were thankful and relieved that you survived a car accident without any injuries. But a few days or weeks later, you started to notice you were definitely not okay.
Invisible or delayed injuries after car accidents are extremely common and yet there isn’t a lot of awareness about them. Sometimes these injuries are painful but treatable and fairly minor. Others are more serious and require complex medical attention.
http://www.vandykelaw.ca/2017/
Arbitrator’s finding that ATV was covered for SABS benefits under a commercial umbrella liability policy is upheld
Arbitrator’s findings regarding the interpretation of a commercial umbrella liability policy was found to be unreasonable, but was upheld on the basis that the arbitrator nonetheless reached the correct disposition.
Chris Selley: If driving is a privilege, why is it so hard to revoke?
Justice was administered to Audrey Thomas this month at Old City Hall courthouse in Toronto, and a brief, rote spasm of outrage ensued. On June 14 last year, Thomas accidentally rammed her Mercedes SUV into the booth that sisters Algie and Allane Parucha were manning at the City Place Urban Market. Algie Parucha died instantly.