Author Archives: Admin4

Attempted Fraud Claims

Filing five injury claims from a staged crash, falsely reporting the theft of tires from a truck, and an improperly insured, unsafe limo that went up in flames. These are some of the recent fraudulent and exaggerated claims handled by ICBC’s Special Investigation Unit (SIU).

http://www.ilstv.com/attempted-fraud-claims/

Mandel v Fakhim, 2016 ONSC 6538 (CanLII)

http://canlii.ca/t/gv6pd

3]               The plaintiff claimed more than $1.2 million in general and special damages as compensation for the injuries and losses that he says he sustained as a result of the motor vehicle accident.  The trial lasted 12 days.  The usual experts for both sides gave the usual testimony.  And the jury gave the usual verdict.  The jury awarded the plaintiff just $3,000 for general damages and nothing at all for past or future income loss, medical care, and housekeeping costs.

 

[9]               While jury trials in civil cases seem to exist in Ontario solely to keep damages awards low in the interest of insurance companies, rather than to facilitate injured parties being judged by their peers, the fact is that the jury system is still the law of the land. This jury has spoken and did so loud and clear.  If I find that the plaintiff has proven that he met the threshold, I would not only be making findings of law, but I necessarily would have to disagree with the findings of fact that are implicit in the jury’s decision.  Yet I told the jury an obnoxious number of times in my charge that they, and only they, were the judges of the facts of the case.  I told them that their community had called upon them to take 12 days out of their lives so that they could make findings that only they can make in an act of central importance to our democratic traditions.  How can I legitimately now consider whether I find facts that the jury rejected?

Canada: Insureds Claiming “Diminished Value” Damages Under Ontario’s OAP1 Auto Policy

So queried Deputy Judge Prattas in the recent Small Claims Court decision Renwick v. Allstate Insurance Company of Canada3  The case dealt with the issue of whether the “diminished value” of an automobile following an accident is a proper cause of action for damages by an insured against his insurer.  The decision deals with the motion brought by the insurer, Allstate, to strike the claim and dismiss the action of the insured, Renwick, on the basis that it disclosed no reasonable cause of action.  The motion was dismissed.

http://www.mondaq.com/canada/x/536968/Insurance/Insureds+Claiming+Diminished+Value+Damages+under+Ontarios+OAP1+Auto+Policy+1

The R. v. Jordan effect: How a criminal case from BC has impacted car accident cases across Ontario

It’s not very often that judgments from the criminal court system impact personal injury and car accident cases.

It’s particularly rare when a criminal case which was decided in British Columbia, has such a far reaching effect that it impacts the way and timing in which personal injury cases are heard in Ontario.

http://www.torontoinjurylawyerblog.com/2016/10/r-v-jordan-effect-criminal-case-bc-impacted-car-accident-cases-across-ontario.html

Why Social Media & Personal Injury Cases Go Together Like Oil & Water

It may sound harsh but the single biggest reason that personal injury cases don’t go well is when perception becomes reality. ‘What are you talking about?’, I can hear you saying.

http://derekwilsonlaw.ca/social-media-personal-injury-cases-go-together-like-oil-water/

Financial Accountability Officer of Ontario (FAO) is on an Extended Medical Leave

(TORONTO, October 18, 2016) – The Financial Accountability Officer of Ontario, Stephen LeClair, is on an extended medical leave.

The Speaker and the House Leaders of the three political parties have earlier been advised of the situation.

http://www.fao-on.org/en/Blog/media/Medical_leave

Justice system verges on crisis as judicial shortages cause delays: TLA

The Toronto Lawyers Association (TLA) says a crisis in the justice system is looming because of an “unprecedented” number of judicial shortages and is urging Federal Minister of Justice Jody Wilson-Raybould to take “immediate action.”

http://www.advocatedaily.com/none-justice-system-verges-on-crisis-as-judicial-shortages-cause-delays-tla.html

MPP Lisa MacLeod proposes help for health-care treatments not covered by OHIP

Ontario can learn from other countries how to better serve patients diagnosed with rare or life-threatening diseases who seek experimental treatments or drugs not covered by OHIP, says an MPP hoping for approval for an advisory committee to find ways to improve the system.

https://www.thestar.com/news/queenspark/2016/10/19/mpp-lisa-macleod-proposes-help-for-health-care-treatments-not-covered-by-ohip.html

Ottawa’s gloves come off over health-care funding

It’s been a while since Canadians have heard their Prime Minister berate the provinces for how they spend the health-care money Ottawa sends their way. But Justin Trudeau this week finally revealed more about his vision of Canadian federalism in one sentence about cash transfers to the provinces for health care than he has in a year of travelling the country as the second coming.

http://www.theglobeandmail.com/opinion/ottawas-gloves-come-off-over-health-care-funding/article32446913/

Ontario auto insurance rates rising despite Liberal promise

TORONTO – Auto insurance rates are rising in Ontario, moving the Liberal government even further away from a self-imposed target of an average 15% reduction.

http://www.torontosun.com/2016/10/19/ontario-auto-insurance-rates-rising-despite-liberal-promise