Surveillance in the insurance industry is commonplace as companies try to prove that plaintiffs may be lying or exaggerating their claims of being injured, says Paciocco, partner with Paciocco & Mellow.
Author Archives: Admin4
The Interplay of Family Law and Personal Injury
Ontario’s Family Law Act mandates that the property acquired by spouses during marriage, called “net family properties”, is to be shared equally upon marriage breakdown, with some narrow exceptions. One such exception is – “Damages or a right to damages for personal injuries, nervous shock, mental distress or loss of guidance, care and companionship or the part of the settlement that represents those damages” – that are to be excluded from equalization of net family properties.
http://www.lerners.ca/lernx/in
What Surani decision means for deductions from IRB entitlements
Many insurers and their expert accountants routinely deduct post-accident business income from the income replacement benefit (IRB) entitlements of self-employed insureds irrespective of their inability to return to work. Others take the position that any efforts, no matter how trivial, short of complete disability, are sufficient to qualify income in the ongoing business as fully deductible.
The little things can mean a lot when it comes to fine print
When a recent bout of unseasonable weather warmed everything from the air to the cockles of motorists’ hearts, some eager beavers flung caution to the wind and had their winter tires rotated right out. “Avoid the lineups come April,” I could almost hear them saying. Who doesn’t want to check a few things off that endless to-do list sooner rather than later?
http://driving.ca/auto-news/ne
LexisNexis Risk Solutions explores roadmap to “touchless” claims
While some insurance carriers continue to favour traditional claims processes, the demand for faster cycle times, reduced expenses and improved customer satisfaction is driving increased automation and an eventual migration from virtual to “touchless claims,” according to a new report from LexisNexis Risk Solutions.
Law Commission of Ontario Releases Final Report on Legal Capacity, Decision-Making and Guardianship
The LCO’s Final Report recommends a comprehensive plan to reform Ontario’s laws and policies regarding powers of attorney, guardianship and health care consent. This project responds to public concerns regarding misuse of powers of attorney, elder abuse, excessive intervention in the lives of persons who have disabilities to make independent decisions, barriers to access to justice, and the widespread lack of understanding about Ontario’s complex laws in this area.
Ontario’s freedom of information and protection of privacy act
Privacy Protection
The Act creates a privacy protection scheme which the government must follow to protect an individual’s right to privacy. This includes rules regarding the collection, retention, use, disclosure and disposal of personal information in its custody or control.
If an individual feels his or her privacy has been compromised by a public institution governed by the Act, he or she may complain to the Information and Privacy Commissioner of Ontario (IPC) who may investigate the complaint.
https://www.ipc.on.ca/wp-conte
Uninsured, Self Represented Litigant Learns that Perjury is a Poor Idea
From the vault of how not to represent yourself in court, reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, admonishing a self represented litigant for providing the Court with perjured evidence.
http://www.ilstv.com/uninsured
Chain-reaction accidents: Who pays?
The Ontario Superior Court of Justice has provided clarity as to how the fault attribution rules ought to be applied to loss transfer disputes in chain-reaction motor vehicle accidents.
https://www.thelawyersdaily.ca
Catastrophic Car Accident Cases & Team Meetings (Ontario)
The term “catastrophic” carries a very specific medico-legal definition. It’s a term of art. This definition has been tinkered with throughout the years, over and over again. That’s how important it is for any car accident case.