Author Archives: Admin4

When do the changes to SABS take effect? It depends who you ask.

The changes to the Ontario Statutory Accident Benefits Schedule introduced on June 1st, 2016, were complicated enough. Now, to make matters worse, there are mixed messages coming from the industry as to when policyholders are affected by these changes. For insurance intermediaries who are already struggling to keep their customers properly advised as policies come up for renewal, the question at hand is whether those discussions with clients should have been completed before June 1st.

http://www.insblogs.com/legislation-regulation/changes-sabs-take-effect-depends-ask/6995

FSCO Approves Auto Insurance Price Hike in Ontario

The Financial Services Commission of Ontario (FSCO) has released its third quarter auto insurance rate approvals and the recommendations may be surprising. The decision is a blow to the provinces quest to lower premium rates and will mean increased insurance costs for consumers.

https://www.shopinsurancecanada.ca/blog/news/fsco-approves-auto-insurance-price-hike-in-ontario/

Kanetix.ca Releases its 2016 Top 10 List for Most Expensive Cities for Car Insurance in Ontario

TORONTOOct. 18, 2016 /CNW/ – Kanetix.ca has found that Brampton is the most expensive city to insure a car in Ontario, while the town of Hawkesbury – located southeast of Ottawa – is the cheapest. The findings, coming from the annual Kanetix.ca list of the 10 most expensive cities for car insurance in Ontario, show an estimated difference of $1,436 annually between the priciest and least expensive premiums. The data can be found on InsuraMap – a Kanetix.ca interactive tool which allows motorists to compare estimated auto insurance premiums across the country.

http://www.newswire.ca/news-releases/kanetixca-releases-its-2016-top-10-list-for-most-expensive-cities-for-car-insurance-in-ontario-597437141.html

Early LAT Decisions Suggest Reforms May Be Working

Effective April 1, 2016, the Licence Appeal Tribunal began accepting applications to the new Automobile Accident Benefits Service (AABS) system with an aim to quickly resolve disagreements between individuals and insurance companies about statutory accident benefits.  The guiding principles created for new Tribunal were originally developed by Justice Douglas Cunningham and myself in a report released in 2014.

http://williehandler.blogspot.ca/2016/10/early-lat-decisions-suggest-reforms-may.html

LexisNexis Free Personal Injury Law Webinar

Webinar Industry-leading experts from the Personal Injury Alliance and LexisNexis Canada present a comprehensive webinar covering everything personal injury lawyers and paralegals need to know regarding changes to Accident Benefits and the new practice and procedure at the LAT. The webinar will take place on Tues, Oct 25 at 12 p.m. CPD Credits: 1 Substantive Hour.

http://oatleyvigmond.com/news-events/events/lexisnexis-free-webinar/#.WAZZZvRqS1C

Why we should reduce the number of civil trials decided by juries

Many lawyers extoll the jury as a sacrosanct tool that ensures common sense and community values are represented and applied in our legal system. The problem is that many people’s values and common sense are, knowingly or not, touched by racism, sexism, unfair beliefs and other irrational forces.

https://nowtoronto.com/news/why-we-should-reduce-the-number-of-civil-trials-decided-by-juries/

Dear Doctors, Here’s Why It’s Unhelpful When You Call My Pain ‘Discomfort’

You know how doctors always use the word “discomfort” to describe our pain? Instead of recognizing that we are in agony, instead of calling our pain what it is… pain… they often downplay the language they use to describe the severity of what we are feeling.

https://themighty.com/2016/10/why-doctors-shouldnt-call-pain-discomfort/

Wynne vows no sell-off of eHealth records system

Premier Kathleen Wynne says her privatization czar is only looking at ways to improve eHealth Ontario, not sell off the electronic health records system.

https://www.thestar.com/news/queenspark/2016/10/17/wynne-vows-no-sell-off-of-ehealth-records-system.html

BC Supreme Court Outlines Parameters of Lay Witness Evidence from Doctors

The line between opinion evidence and fact evidence when given by a physician is sometimes blurred.  Today reasons for judgement were released by the BC Supreme Court, Vancouver Registry, discussing this and outlining the parameters of factual vs opinion evidence from treating physicians.

http://bc-injury-law.com/blog/bc-supreme-court-outlines-parameters-lay-witness-evidence-doctors

Applicant v Intact Insurance, 2016 CanLII 60729 (ON LAT)

http://canlii.ca/t/gtqhj

  1.      Decision:

 

  1. 25. The Tribunal has the jurisdiction to award costs but only under Rule 19.1 where a party in a proceeding has acted unreasonably, frivolously, vexatiously, or in bad faith.

 

  1.    Order:

 

  1. 26. The Tribunal orders a second hearing by teleconference, to consider the following issues:
  •             Is the Applicant entitled to recover the costs pursuant to Rule 19.1 of the LAT Rules of Practice and Procedure?
  •             Did the Insurer unreasonably withhold or delay payments to the Applicant pursuant to section 10 of O. Reg. 664?