In accident benefits cases, misrepresentation in executive summary reports is a serious issue that victims should not need to worry about, Toronto critical injury lawyer Josh Nisker tells Law Times.
Author Archives: Admin4
Ontario chief pathologist slammed by judge for offering ‘incorrect’ opinions in court
Dr. Michael Pollanen was appointed the province’s chief pathologist in 2006, as it became clear the dangerously flawed expert testimony of Dr. Charles Smith had led to serious miscarriages of justice.
In the 11 years since, he has led a forensic pathology overhaul to make sure the same mistakes don’t happen again.
How Ontario traps those with disabilities in lives of poverty
In August 2016, Ontario’s ombudsman released “Nowhere to Turn,” a report outlining multiple systemic failures in provincial supports and services that lead to crisis for many adults with developmental disabilities. The stories in the report are often heart-breaking and speak to the many ways our current system leaves persons with disabilities vulnerable and trapped in poverty.
Ontario embraces no-strings-attached basic income experiment
The Richardson family got a new kitchen table and 12-year-old Eric got his first trip to the dentist.
The Wallaces, who had no running water or indoor plumbing in their farmhouse in the 1970s, were able to buy a nearly-new flatbed truck.
Fair Accident Benefits, Fairly Delivered: The Marshall Report
If you haven’t heard of David Marshall, here is an interesting article about him from January 31, 2015 in which is he is described as “the Man Ontario Workers love to hate“. He was the president and CEO of the Workers Safety & Insurance Board (WSIB).
New Ontario financial authority should monitor auto insurers with ‘unusual number’ of LAT appeals: Marshall
Neither the behaviour of personal injury lawyers nor “excess profits” of insurers are to blame for high auto premiums in Ontario, but the government should consider restricting lawyers’ contingency fees, a special advisor to the provincial government suggested in a report released Tuesday.
A year of the LAT: the upside
“My experience is they have been very fast at booking a case conference hearing, and most of those have resulted in resolution. From the client’s perspective, it feels like the process is moving along a bit more expeditiously,” she adds.
http://www.advocatedaily.com/n
A year of the LAT: The downside
“There are no minutes of settlement and no confirmation in writing that payments will be made. For example, if the insurer agrees to pay for a treatment plan or to reinstate income replacement benefits, all you get is a note from the adjudicator saying ‘the matter is resolved.’
A Changing Role for Lawyers in the Age of Self-Represented Litigants
In recent years, there has been a dramatic increase in the number of individuals who address a legal issue without the assistance of legal representation. Statistical data generated by the Canadian Forum on Civil Justice (CFCJ) indicates that approximately 11.4 million people in Canada will experience at least one everyday legal problem in a given three-year period.[1] It is further reported that approximately “50% of people try to resolve their problems on their own with no or minimal legal or authoritative non-legal assistance.”
http://cfcj-fcjc.org/a2jblog/a
ISO the Missing Plaintiff
David Engel’s recent book, The Myth of the Litigious Society, has its roots in a piece published over two decades ago, by UCLA’s Richard Abel. In that piece, Abel challenged conventional wisdom by declaring that the “real tort crisis” is an epidemic, not of overclaiming, but rather, the opposite. The tort system’s greatest defect, Abel asserted, is not its whimsical unpredictability or its excessive generosity. To the contrary, the tort system’s biggest shortcoming is that too few accident victims choose to enter the system at all.