Author Archives: Admin4

Preparing for the Licence Appeal Tribunal (LAT) Hearing: Considerations of the Applicant

The LAT is not bound by any of the precedent established by FSCO. This is especially troubling because it has taken years to interpret some of the language of the SABS and that history has provided some amount of certainty to Applicants and to Insurers about how to interpret the SABS.

https://www.thomsonrogers.com/resources/preparing-licence-appeal-tribunal-lat-hearing/

Focus: New system means change in role of mediators

Sweeping changes to auto accident insurance benefits eliminates the use of mandatory mediation, but there is hope that government strategies introduced in case conferences under the new Licence Appeals Tribunal system will result in early resolution of cases.

http://www.lawtimesnews.com/201704176084/focus-on/focus-new-system-means-change-in-role-of-mediators

LAT claws back on Attendant Care Services Provided by Family Members

In the recent decision of M.P. v. Certas Home and Auto Insurance Company, the License Appeal Tribunal has tackled the issue of whether attendant care expenses are incurred where a claimant’s “professional” attendant care provider is also a family member. Both sections 3(7)(e)(iii)(A) and 3(7)(e)(iii)(B) were in issue.

http://www.samislaw.com/lat-claws-back-on-attendant-care-services-provided-by-family-members?utm_content=bufferb3c97&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer#.WPgNDXy-6l0.buffer

Costs Awarded After Insurer Fails to Provide Documents

B.F. was injured in a car accident on February 28, 2014. Disputes arose between B.F. and Wawanesa concerning her entitlement to accident benefits and B.F. submitted an application for dispute resolution services to the LAT.

https://www.deutschmannlaw.com/blog/post/costs-awarded-after-insurer-fails-to-provide-documents?platform=hootsuite

Car Accident in Ontario? You have two cases! Tort & Accident Benefit Claims examined

You know what’s confusing?

Car accident claims.

Even for personal injury lawyers who concentrate their practices exclusively on car accident claims; these claims can be confusing!

https://www.torontoinjurylawyerblog.com/2017/04/car-accident-ontario-two-cases-tort-accident-benefit-claims-examined.html?utm_content=buffer9a30c&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer

Why Are We Paying For Doctors’ Malpractice?

Most Canadians are not familiar with the Canadian Medical Protection Association (CMPA). The CMPA describes itself as “a not-for-profit mutual defence association.” That is an interesting term, “association”. Even though it acts as an insurer, providing resources to help manage risk and assistance when medical-legal difficulties arise, the CMPA is not an insurer.

http://bonnlaw.ca/2017/04/20/paying-doctors-malpractice/?utm_content=bufferce2ab&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer

Chronic pain injury compensation

Unquestionably since 2003 chronic pain is a form of long-term disability entitled to injury compensation.

At that time the province of Nova Scotia excluded chronic pain from the purview of the regular workers’ compensation system. Instead of the benefits normally available to injured workers, it provided a four-week Functional Restoration Program beyond which no further benefits were available.

http://www.advocatedaily.com/miles-obradovich-chronic-pain-injury-compensation.html

Injured while on ODSP: Your Legal Rights

To be involved in an accident can be overwhelming as it is, but if you are already receiving support from the Ontario Disability Support Program (ODSP), you may feel especially uncertain about your legal rights.

For example, you may be wondering how you can afford a lawyer, whether you will owe ODSP a portion of any funds received, and whether you are entitled to continue receiving ODSP at the conclusion of a lawsuit.

http://otlablog.com/odsp-your-legal-rights/

Ontario’s auto insurance system ‘one of the least effective’ in Canada, report finds

Ontario’s auto insurance system is “one of the least effective” in the country, despite having the most expensive premiums and one of the lowest levels of accidents, according to a government-commissioned report.

https://www.thestar.com/business/2017/04/18/ontarios-auto-insurance-one-of-the-least-effective-in-canada-report.html

Ontario’s auto insurance system ‘one of the least effective’ in Canada: report

TORONTO – Ontario has the most expensive auto insurance premiums in Canada despite also having one of the lowest levels of accidents and fatalities, a report has found.

http://www.cp24.com/news/ontario-s-auto-insurance-system-one-of-the-least-effective-in-canada-report-1.3373455