FAIR (Fair Association of Victims for Accident Insurance Reform) is a grassroots not-for-profit organization of Ontario’s car accident victims and their caregivers and supporters. Since 2011 FAIR has been a voice for those who have been injured in motor vehicle collisions and who have struggled with the current auto insurance claims system in Ontario.
Author Archives: Admin4
Surveillance – Sharp Focus or Blunt Instrument?
In my work as an independent medical assessor, and occasionally as a treater, I am asked to view video surveillance of compensation claimants. This occurred again recently and caused me to reflect on the whole business of covert surveillance.
https://insultandinjury.org/20
Costs decision a warning to insurers to treat plaintiffs better
A judge’s decision to award a plaintiff more than 10 times her net damage award in costs should serve as a warning to insurers to treat injury victims with respect, Toronto personal injury lawyer David Derfel tells AdvocateDaily.com
‘I felt extremely helpless’: Pedestrian hit by car upset with lengthy Toronto police response time
A couple of weeks after a woman was hit by a car while crossing an intersection in north-end Toronto, she says she’s disappointed with how her case has been handled by Toronto police and with how long it took for officers to respond to the scene.
https://globalnews.ca/news/406
Long Term Disability Claims & Fibromyalgia: Facts, Fiction & Fairness (Ontario)
Goldfinger Injury Lawyers has assisted countless long term disability clients with their denied LTD claims against large insurers in fibromyalgia, chronic pain and depression cases.
If you are reading this installment of the Toronto Injury Lawyer Blog Post, you likely have some questions about fibromyalgia, chronic pain, or Long Term Disability Cases in general.
Ontario Passes Ground-Breaking Legislation to Protect Amateur Athletes
Ontario passed ground-breaking concussion safety legislation today to protect amateur athletes and make sport safer on the field and at school.
Stegenga v. Economical Mutual Insurance Company, 2018 ONSC 1512 (CanLII)
[1] The defendant insurer moves under Rule 21 for an order to strike the statement of claim on the ground that it discloses no reasonable cause of action, and for determination of a question of law, to wit: whether the plaintiff’s claim is within the exclusive jurisdiction of the Licence Appeal Tribunal.
a. that she was injured in a car accident,
b. that the defendant is liable to pay her Statutory Accident Benefits, and
c. that it has shown bad faith, negligence and fraud in administering her claim.
[3] As a result she claims damages for mental distress and aggravated and punitive damages.
[4] The defendant submits that the claim is barred by s.280 of the Insurance Act, SO 2014, c. 9, Sched. 3, s.14. The plaintiff says that the legislation prevents her from suing for accident benefits, but does not bar her independent claims for bad faith in the administration of accident benefits.
[]
[14] The legislature is presumed have known about Weber. There is no reason to doubt that the legislature, in enacting the present s.280 of the Insurance Act, intended to deprive a claimant of resort to the court at first instance whenever the claim is based on denial of accident benefits, no matter how the denial is characterized in legal terms.
[15] Accordingly I order that the statement of claim be struck without leave to amend, and I determine as a matter of law that the Licence Appeal Tribunal has exclusive jurisdiction to decide the claim at first instance.
MyBeST: Beyond Surviving to Thriving
After she was hit by a garbage truck in 2012, doctors told Margaret Harvey’s husband she had only a 30 per cent chance of survival.