Author Archives: Admin4

IBC president: Ontario auto insurance in need of a fix

The auto insurance system in Ontario has been broken for the “last couple of decades”, the president and CEO of the Insurance Bureau Canada has said.

http://www.insurancebusiness.ca/ca/news/breaking-news/ibc-president-ontario-auto-insurance-in-need-of-a-fix-215897.aspx

17 Things People With Painsomnia Need You to Know

For people with conditions like fibromyalgia, the chronic pain doesn’t end when you lay down to go to sleep. In fact, the pain often makes it incredibly difficult to fall asleep at all, a phenomenon known as “painsomnia.” Like most forms of chronic pain, the effects of painsomnia are invisible, so when you struggle to go about your day after a sleepless night, those around likely don’t understand how exhausted you actually are.

https://themighty.com/2016/10/what-people-with-painsomnia-want-you-to-know/

New definition of ‘catastrophic’ hurting accident victims

Changes to Ontario’s auto insurance rules could have major financial consequences for those involved in serious accidents, says Ottawa personal injury lawyer Najma Rashid.

The core changes include the amount of funding available for accident victims, as well as how catastrophic impairment” is defined, says Rashid, partner with Howard Yegendorf & Associates LLP. The funding has been drastically diminished, and the test for meeting the Catastrophic definition is now higher, meaning that basic auto insurance may not cover all the medical needs that are required, she says.

http://www.advocatedaily.com/najma-rashid-new-definition-of-catastrophic-hurting-accident-victims.html

GTA drivers face priciest auto insurance in Ontario; Brampton tops list

Drivers living in Toronto and the 905 are paying the highest auto insurance premiums in the province, a new list shows.

http://www.cp24.com/news/gta-drivers-face-priciest-auto-insurance-in-ontario-brampton-tops-list-1.3122332

Disability Certificate Not Enough to Determine Eligibility for IRB

In an October 3, 2016 preliminary issue hearing (16-000063 v. Dominion of Canada General Insurance Company, 2016 CanLII 67139), Adjudicator Marzinotto of the License Appeal Tribunal allowed an applicant to proceed to a hearing disputing both entitlement to Income Replacement Benefits and Non Earner Benefits. The decision turned on Dominion’s apparent failure to provide the applicant with the required election.

http://www.millerthomson.com/en/blog/mt-insurance-law-blog/disability-certificate-not-enough-to

What Do Ontarians Think of Our Justice System?

https://theactiongroup.ca/wp-content/uploads/2015/08/Abacus_TAG_Release_Oct14.pdf

Enough for the journey ahead?

http://www.lawyersweekly-digital.com/lawyersweekly/recoveryfall2016?pg=26#pg26

Expand Your Expert Witness Expertise: Top 10 Posts

The expert witness’s testimony is the one part of trial where the communication comes the closest to what was probably the jury’s earliest and most fundamental experience with learning: The expert is like the teacher, and the testimony is like school. But are witnesses good teachers? Some are, but others can be overly detailed, legalistic, combative, or simply unclear. Preparing your case means preparing on the facts and the law, but it should also mean preparing the instruction so it is as clear and as effective as possible. Here are Persuasive Litigator’s top ten posts so far on expert testimony.

http://www.persuasivelitigator.com/2016/10/expand-your-expert-witness-expertise-.html?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+PersuasiveLitigator+%28Persuasive+Litigator%29

Dealing with an adverse or challenging witness

Fredericton litigator Matthew Pearn says when faced with a witness who responds to a well thought-out question with “I don’t know” or “I don’t remember” — particularly when they should have known the answer or remembered the event — the natural reaction is to be upset with an apparent lack of honesty.

http://www.advocatedaily.com/matthew-pearn-dealing-with-an-adverse-or-challenging-witness.html

Justice for Injured Workers: Loss of Competitive Advantage Awards

Given that general damage awards are capped in Canada, income loss claims can often make up a sizeable portion of damage awards. Income loss quantification is usually straightforward, particularly when a Plaintiff has had a settled line of work over an established period of time. If they are no longer able to continue working due to a personal injury, their past income loss can generally be calculated and quantified for the duration of time in question.

http://otlablog.com/justice-injured-workers-loss-competitive-advantage/