On January 19, OTLA President Adam Wagman, President-Elect Claire Wilkinson, and Director of Public Affairs John Karapita spoke at the Standing Committee on Finance and Economic Affairs, Pre-Budget Hearings at the Ontario Legislative Assembly. OTLA highlighted that the broken auto insurance system needs to be revamped and simplified for consumers in Ontario.
Author Archives: Admin4
Shaw v Mkheyan, 2017 ONSC 851 (CanLII)
[36] Dr. Cameron’s opinion that any person with osteoarthritis would inevitably suffer the type of pain which Shaw endured, without any triggering event, is not consistent with Dr. Backstein’s unchallenged direct experience in this area or with Dr. Backstein’s uncontested opinion that most people at age 58 have some degeneration caused by osteoarthritis but that such arthritis is not necessarily symptomatic.
[37] Dr. Backstein’s opinion is that osteoarthritis is not “relentlessly progressive” and can be asymptomatic until an event happens that converts the arthritis to symptomatic. Dr. Backstein’s opinion conforms to his experience as a leading orthopaedic surgeon. Dr. Backstein was not cross-examined on his experience. I prefer Dr. Backstein’s evidence to the unsupported comments of Dr. Cameron.
Meehan v. Good, 2017 ONCA 103 (CanLII)
[5] To determine whether a lawyer owes a duty of care to a client or non-client requires the court to examine all of the surrounding circumstances that define the relationship between the lawyer and the person to whom the duty of care may be owed. Defining the scope of the lawyer’s retainer is an essential element of this analysis: Broesky v. Lüst, 2011 ONSC 167 (CanLII), 330 D.L.R. (4th) 259, at para. 69; aff’d, 2012 ONCA 701 (CanLII), 356 D.L.R. (4th) 55. However, it is not the end of the analysis where, as here, it is alleged that the lawyer’s duty of care arises out of and extends beyond the retainer. Where such an allegation is made, the court must meticulously examine all of the relevant surrounding circumstances, including but not limited to, the form and nature of the client’s instructions and the sophistication of the client, to determine whether a duty is owed beyond the four corners of the retainer: Connerty v. Coles, 2012 ONSC 2787 (CanLII), at paras. 12 to 15; Moon v. Chetti, 2007 CarswellOnt 2312, at para. 14.
Auto insurers’ blame game continues
Insurers want the public to think that “Contingency fees are one of the key drivers of claims costs and, as a result, increase insurance premiums that all Ontario drivers pay,” according to Irene Bianchi, executive vice president of claims, Aviva Canada. But this is not true. Contingency fees are what claimants often pay personal injury lawyers to defend wrongful denial of claims for accident benefits such as treatment, rehab, income replacement benefits and to fight for tort settlements.
What It Really Means To “Win” In Ontario’s Court In Personal Injury Cases
In my previous post, I talked about why your personal injury lawyer might be advocating an out of Court settlement rather than risking the uncertainty of a jury trial.
But there is another reason why personal injury lawyers tend to avoid jury trials: The way the Courts define ‘winning’ and ‘losing’.
http://derekwilsonlaw.ca/what-
Appeals Court rules Insurer may deduct Non-earner Benefits from LTD Payments
The civil action, Hamblin v. Standard Life Assurance was commenced after the plaintiff/appellant, Catherine Hamblin was injured in two separate motor vehicle accidents. After the first accident, she applied for, and received long term disability (LTD) payments from a group insurance plan indemnified by Standard Life Assurance, the respondent in this appeal.
End this needless secrecy: Editorial
Some things never change. Politicians keep promising to open up government, to shed light on official goings-on at all levels. Then, year after year, decade after decade, the public keeps getting denied timely access to the most basic information about vital issues.
https://www.thestar.com/opinio
More proof our health care system is broken: Opinion
This government has denied and dismissed an inconvenient truth: our health care system is broken. Patients see it, as do the health care workers who serve them. Yet few talk about it. Here’s why: if hospitals protest, their funding is compromised. If nurses protest, they are fired. Doctors truly are the last line.
Liberals restore, update program to support equality rights court battles
OTTAWA – The Liberal government is restoring and modernizing a program that gives financial support to those mounting expensive legal battles to clarify and protect their language and equality rights in court.
http://globalnews.ca/news/3232
A breakdown of pain management treatments
Pain management is a branch of medicine aimed at reducing patient suffering and boosting quality of life. While some experts distinguish between pharmacological and non-pharmacological approaches to treating pain, Dr. Fiona Campbell, a pediatric anesthetist based in Toronto and the incoming head of the Canadian Pain Society, breaks the strategies into three areas: pharmacological, physical and psychological.