Author Archives: Admin4

Canada’s Privacy Commissioner (PIPEDA) and the insurer’s use of car accident victims personal information

 
“Our office is unable to find that a reasonable person would consider The Personal’s collection and use of credit score for preventing and detecting fraud during the auto insurance claim assessment process to be reasonable. In addition, while The Personal informed the complainant of the purposes for collecting and using his credit score, our Office finds that The Personal did not obtain meaningful consent from the complainant in light of its failure to advise that such collection and use was optional. Our Office further finds that The Personal is not being open about it’s policies and practices with respect to the collection and use of credit score during the auto insurance claim assessment process.”

“We all think we’re covered”

Jokelee Vanderkop on auto insurance Sunday 10 am  http://887theriver.ca/

Troubling Trends in LAT Costs Awards

The LAT can award costs to either party – but in the LAT’s first 45 or so decisions, it has not done so. This is very different than litigation in Ontario’s civil courts system, where the losing side is usually ordered to pay at least some of the winning side’s legal costs.

http://otlablog.com/troubling-trends-in-lat-costs-awards/

Sufficient Medical Reasons the Achilles Heel of the Insured’s Claim

When a taxicab ran over Ms. Franic-Temple’s feet and ankles, it was undisputed the medical imaging disclosed no fractures were sustained. Notwithstanding this, three years later, an occupational therapist submitted an OCF-18 to State Farm requesting an in-home assessment to determine Ms. Franic-Temple’s need for attendant care, occupational therapy and assistive devices. This OCF-18 listed as injury sequelae, in Part 6, “fracture of foot, except ankle”. The OCF-18 contained further comments which reported Ms. Franic-Temple “fractured the top of her left foot and experienced severe ligament and tissue damage in her right foot”.

http://www.lexology.com/library/detail.aspx?g=c5115773-5cf1-4395-b98f-527914631cb5&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2017-03-23&utm_term=

Private member’s bill seeks to cap contingency fees

An Ontario private member’s bill seeking to cap contingency fees would force some lawyers to revert to an hourly rate, Toronto personal injury lawyer Darryl Singer tells The Lawyers Daily.

http://www.advocatedaily.com/darryl-singer-private-members-bill-seeks-to-cap-contingency-fees-1.html

Professionals will no longer be able to use billed-based accounting

The federal government is proposing to eliminate the ability for designated professionals — including doctors, lawyers and accountants — to elect to use billed-basis accounting in this year’s budget.

http://www.investmentexecutive.com/-/professionals-will-no-longer-be-able-to-use-billed-based-accounting

Health professionals must exercise caution in legal proceedings

The decision of JK v. BJH 2016 CanLII 85163 (ON HPARB) reminds health professionals to be very careful when preparing affidavits for use in legal proceedings in which they have a personal interest. This means ensuring that they qualify their role, and make clear that they are not giving a professional opinion or advice.

http://www.advocatedaily.com/lonny-rosen-health-professionals-must-exercise-caution-in-legal-proceedings.html

WSIB and the Ontario Court of Appeal decision in the Castrillo Class Action

It seems likely that visitors to this site will have heard about, or, indeed, have read, the Court of Appeal’s February 13, 2017, decision in Fink & Bornstein’s class action against the WSIB  – Pietro Castrillo v. Workplace Safety and Insurance Board (Mr. Castrillo being the representative plaintiff) .

https://administrativejusticereform.ca/wsib-and-the-ontario-court-of-appeal-decision-in-the-castrillo-class-action/

Educational Long-term Disability Resources

At the Roger R. Foisy injury law firm, we strongly believe in educating people as much as possible about the process of injury and long-term disability (LTD) law in Ontario, as well as helping them understand what to do and what to expect after an injury or disability.

https://www.injurylawyercanada.com/blog/educational-long-term-disability-resources/

LED headset shows promise for Alzheimer’s, brain injuries

A futuristic-looking headset, with LED scalp pads and a wire that snaps onto your nose, might offer a glimmer of hope to people with traumatic brain injuries, as well as those who’ve suffered strokes and have Alzheimer’s disease.

http://www.citynews.ca/2017/03/23/led-headset-shows-promise-alzheimers-brain-injuries/