Author Archives: Admin4

Paralegals can save legal system from overpriced lawyers: Cohn

Yes, justice delayed is justice denied.

But a legal system that remains unaffordable is no less unjust.

And if rising costs keep bogging down our courts, we will all pay the price — not just needy people, but middle-class people in need of basic legal help. And everyone who counts on a functioning judicial system.

https://www.thestar.com/news/queenspark/2017/03/10/paralegals-can-save-legal-system-from-overpriced-lawyers-cohn.html

Expert witness reports face procedural scrutiny

“It’s not uncommon to be under a time crunch, and a lawyer may be putting pressure on an expert to produce a report, but it’s important for experts to understand the context in which lawyers practice and why they’re asking for things to be done by a certain time,” says Cahill, partner with Will Davidson LLP. “The lawyer has their own compliance requirements they are trying to meet.”

http://www.advocatedaily.com/paul-cahill-expert-witness-reports-face-procedural-scrutiny.html

Proposed Changes to the Regulated Health Professions Act Furthering Patient Protection and Accountability

On December 8, 2016, Bill 87: Protecting Patients Act, 2016 was tabled for first reading at Queens Park. Bill 87 proposes numerous amendments to the Regulated Health Professions Act, 1991 (RHPA) in particular, to the Health Professions Procedural Code (Schedule 2 to the RHPA). These amendments aim at greater transparency and accountability in the administrative processes of health regulatory colleges. Bill 87 also introduces amendments that strengthen regulatory oversight and support to patients with respect to alleged sexual abuse by regulated health professionals. 

http://blg.com/en/News-And-Publications/Publication_4772?sd=2017-03

Ottawa couple dumbfounded by $4,000 towing bill

An Ottawa couple was billed more than $4,000 to have their car towed from the scene of a collision, only to have their vehicle held “hostage” until the matter was finally resolved.

Margaret Roberts was involved in a car crash at Baseline Road and Centrepointe Drive around 3 p.m. Wednesday.

http://www.cbc.ca/news/canada/ottawa/towing-hostage-4000-dollar-bill-1.4019985

Home and Vehicle Modification Program

If you have a disability that restricts your mobility, you may be eligible for help from the Home and Vehicle Modification Program.

The program provides funding for eligible adults and children to make modifications to their homes and vehicles in order to help them:

http://www.mcss.gov.on.ca/en/mcss/programs/social/hvmp.aspx

Nemchin v Green, 2017 ONSC 1403 (CanLII)

[1]               In cross-examination of the plaintiff, the defendant in this personal injury action sought to rely on approximately 20 posts from the plaintiff’s Facebook page (the “Posts”) and, ultimately, to have the Posts entered as substantive evidence.  The plaintiff objected to cross-examination based on the Posts.
[5]               Through inadvertence (a) a copy of the disc was not provided to counsel for the plaintiff and (b) the materials retrieved were not made the subject of a supplementary affidavit of documents in the name of the defendant.  It was not until after cross-examination of the plaintiff began that counsel for the plaintiff was made aware that materials from the plaintiff’s Facebook page had been retrieved in accordance with the Agreement.  Similarly, counsel for the defendant was not previously aware that postings retrieved had not been provided in accordance with the Agreement.

[21]           I find that the defendant’s inadvertence with respect to the failure to disclose the Facebook materials retrieved constitutes less than ‘full and rigorous compliance’ with the disclosure and production obligations pursuant to both the Rules of Civil Procedure and the Agreement.

[22]           I agree with the plaintiff that to proceed in the manner proposed by the defendant would result in prejudice to the plaintiff:

•         It would not be sufficient to allow the plaintiff time to review only the Posts prior to resuming her cross-examination.  Fairness would require that she be given an opportunity, prior to continuing the cross-examination, to review all of the materials retrieved (hundreds if not more than a thousand pages of documents).

•         The interruption required to facilitate that review would be inefficient, disruptive, and have an impact on trial fairness.

•         The plaintiff’s expert who has already testified would not have an opportunity to review and/or comment, as may be required, upon the contents of the Posts.

•         The plaintiff’s other experts, including participant experts, would not have a reasonable opportunity for review and comment, the latter if necessary, upon the contents of the Posts.

[23]           It is simply too late in the litigation process for the defendant to be entitled to rely on the Posts as Schedule “A” documents.  Disclosure and production of the documents was required at an earlier stage in the litigation.

Toronto man cleared of auto insurance fraud

While fraud is a major problem for the Ontario and Toronto auto insurance market, sometimes prosecuting false claims is wrong. For example, criminal charges brought against a Toronto man accused of selling fake auto insurance have been dropped.

https://www.shopinsurancecanada.ca/blog/news/toronto-man-cleared-of-auto-insurance-fraud/

 

Ontario private member’s bill proposes 15% cap on personal injury lawyers’ contingency fees

A bill tabled Wednesday in the Ontario legislature, by a backbench Liberal MPP, would limit lawyers’ contingency fees in the province, for personal injury claims, to 15%.

http://www.canadianunderwriter.ca/associations/ontario-private-members-bill-proposes-15-cap-personal-injury-lawyers-contingency-fees-1004109985/

 

Misbehaving Doctors Deserve Real Consequences

The Ontario Medical Association is upset with the Ontario government, but not over money this time. They are concerned that the government is trying to tighten discipline procedures for misbehaving doctors and other health professionals.

http://www.huffingtonpost.ca/marvin-ross/self-regulation-health-professionals_b_15211826.html

 

Disabled Worker Wins Discrimination Claim After He Was Denied Coverage for Medical Marijuana

In a decision issued on January 30, 2017, a Board of Inquiry of the Nova Scotia Human Rights Commission concluded that a union insurance fund had discriminated against a disabled claimant when it denied his claim for medical marijuana.

http://blg.com/en/News-And-Publications/Publication_4847?utm_source=Mondaq&utm_medium=syndication&utm_campaign=View-Original