Author Archives: Admin4

Changes to WSIB pre-existing conditions policy a cautious step forward

Last but not least, the Toronto Star exposed the link between this illegal policy and a discredited American doctor linked to the insurance industry.
From our Twitter
Dr. Brigham connection + undermining coverage Link to auto insurer’s medical expert re attempts to erode coverage for seriously injured car accident victims http://www.fairassociation.ca/ wp-content/uploads/2013/09/ Ameis-Arthur-Physical- Medicine-and-Rehabilitation. pdf  problem is there’s no one fighting to fix harm to #Ont MVA victims, no class action, just more cuts

 

The High Stakes Cost of Litigation

$30,000 in damages and $151,045 in costs. $20,414.813 in damages and $237,017.50 in costs.
Litigation is expensive. We all know this to be a fact, but a couple of recent Ontario Superior Court decisions drive home the point. While at first blush one might think that awarding costs worth five and ten times the damages is outrageous, in both cases, the costs awards were fair and reasonable in the circumstances of each case. Had the trial judge awarded anything less, injustice would surely be the result.

Expert evidence update: Decisions affecting production of working file

Among civil litigators, 2015 was the “year of the expert,” with multiple decisions from the appellate courts on various issues related to expert evidence. Over the last two years, lower courts have been applying the principles articulated in 2015 so that we can now look back on how the seminal decisions have affected litigation practices.
 

Pot legalization could increase auto accidents, top insurer warns

As Canada’s senators debate a bill that would legalize recreational marijuana, Canada’s largest property and casualty insurer is concerned about the “potential” for more auto collisions arising from the actions of stoned drivers.

Online Concussion Support Group

http://obia.ca/online-concussion-support-group/?platform=hootsuite

Almost 1 million Canadians give up food, heat to afford prescriptions: study

968,000 people skimped on necessities to pay for their medicine in 2016, researchers find

Why Intact plans to raise auto insurance premiums

In 2017, new technologies and more expensive car parts increased the cost to repair a car, driving up Intact’s auto claims costs. “Cost pressures related to physical damage are more recent and have accelerated in the last few quarters,” Brindamour said. “That is why we have meaningful rate increases in the pipeline across the country.”

https://www.canadianunderwriter.ca/insurance/intact-plans-raise-auto-insurance-premiums-1004127291/

Reports cite heavy toll of legal problems on Canadian society

The price paid for legal problems is not just made up of dollars and cents, but with impacts on health, loss of employment and an increased reliance on social assistance, reports the Canadian Forum on Civil Justice (CFCJ).

https://www.thelawyersdaily.ca/civillitigation/articles/5744/reports-cite-heavy-toll-of-legal-problems-on-canadian-society?nl_pk=b50c8673-9cb7-41b2-8bed-a6e20e991e2a&utm_source=newsletter&utm_medium=email&utm_campaign=civillitigation

Plaintiffs must prove chronic pain is serious impairment

Two recent decisions of the Ontario Superior Court in so-called “threshold motions” suggest that it is still a high legal bar to show that chronic pain suffered by plaintiffs after a motor vehicle accident will meet the “serious impairment” standard set out in the provincial Insurance Act.

http://www.lawtimesnews.com/author/shannon-kari/plaintiffs-must-prove-chronic-pain-is-serious-impairment-15314/

Arbitrator prefers more thorough assessment of applicant’s experts – ND v Aviva LAT 16-002568

On September 22, 2015 ND was a driver of a car was struck while attempting to make a left turn.  ND applied for and received benefits under the SABs. Aviva initially paid for medical benefits. ND received heat/TENS, massage, physiotherapy, acupuncture, and chiropractic care.  ND asserts that she continues to experience the effect of the sustained injuries, and her medical providers have recommended a chronic pain management program.

https://www.deutschmannlaw.com/blog/post/arbitrator-prefers-more-thourough-assessment-of-applicants-experts-nd-v-aviva-lat-16-002568