Author Archives: Admin4

Can you trust your lawyer?

A report released last month to the Law Society of Upper Canada, the body that regulates lawyers and paralegals in Ontario, raises the issue of whether we can always trust lawyers to act in our best interests.

http://www.torontosun.com/2016/07/16/can-you-trust-your-lawyer

WSIB appeals backlog

Indeed, the board’s own independent appeals tribunal is systematically rejecting decisions to slash benefits based on alleged pre-existing conditions, a Star analysis has found. Since 2012, about 80 per cent of injured workers’ appeals on that issue have been successful, according to a tally of tribunal rulings.

http://startouch.thestar.com/screens/0cd59b8d-13f9-4567-a3f6-a495a8e6510a%7C_0.html

Lost & Found: What Brain Injury Survivors Want You to Know

Brain injury rehabilitation takes a very long time; it is usually measured in years. It continues long after formal rehabilitation has ended. Please resist expecting me to be who I was, even though I look better.

http://www.brainline.org/content/2011/07/lost-found-what-brain-injury-survivors-want-you-to-know.html

Adverse Cost Insurance: Evolving Case Law

A recent decision, Sacks v. Ross, 2016 ONSC 2498, considered whether to grant an order fixing costs in favour of a defendant against the unsuccessful plaintiff. In discussing the principles of awarding costs, Justice Wilson cited the fact that plaintiffs could purchase adverse cost insurance as a form of protection in litigation. In Justice Wilson’s view, this would enable access to justice for plaintiffs by making it easier to advance challenging but meritorious claims.

http://www.millerthomson.com/en/blog/ontario-insurance-litigation-blog/adverse-cost-insurance-evolving-case-law

Doctors group calls contract ‘a wolf in sheep’s clothing’

Thousands of doctors of Concerned Ontario Doctors were angered to hear the Ontario Medical Association struck a four-year tentative deal with the province when they “had no inkling negotiations were even taking place,” – instead hearing about the contract through the media.

http://www.thewhig.com/2016/07/13/doctors-group-calls-contract-a-wolf-in-sheeps-clothing

What You Need To Know About Sexual Abuse By Doctors, Because It’s A Lot More Common Than You Think

Also according to the American Medical Association (AMA), between 5 and 10 percent of psychiatrists alone reported sexual contact with patients, a number understood as the result of dramatic underreporting. A study of Ontario, Canada in the ’80s found a staggering 25 percent of health care providers who had been legally charged with patient sexual contact were psychiatrists.

http://www.thefrisky.com/2016-07-08/what-you-need-to-know-about-sexual-abuse-by-doctors-because-its-a-lot-more-common-than-you-think/

Insurance claims analyst nabbed for faking own accident

Police recently arrested an insurance professional from Trumbull, Connecticut who claimed to be hit by a moving vehicle.

http://www.insurancebusiness.ca/news/insurance-claims-analyst-nabbed-for-faking-own-accident-210533.aspx

Fraser and RBC General 2016-07-04, Arbitration, Preliminary Issue, FSCO 4950

https://www5.fsco.gov.on.ca/AD/4950

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Applicant’s Position

 

The Applicant’s representative apologized for the late withdrawal request regarding the Applicant’s Application for Arbitration.  He stated that he has a busy practice and only recently, in the days prior to the Preliminary Issue Hearing, did he turn his attention to the Applicant’s file.  The Applicant’s representative acknowledged that he knows that submitting an Application for Arbitration past the 2 year mark after the denial of benefits is contrary to the Schedule; however, he is of the opinion that the Applicant is not bound by the time limitations in the Schedule despite submitting no argument or factual evidence to support this position.  In terms of settling this file prior to the Hearing, the Applicant’s representative acknowledged that he received the Insurer’s offer to settle this file which was sent 3 weeks prior to the Preliminary Issue Hearing.  The Applicant’s representative stated that he only read the email from the Insurer in the days immediately prior to the Hearing because he doesn’t have the time or resources to reply to email correspondence.  When given the opportunity, the Applicant’s representative submitted no evidence in order to defend against the Insurer’s request for costs both against himself or the Applicant in this matter.

Accessibility for Ontarians with Disabilities Act Alliance Action Kit “Picture Our Barriers” Action Kit

I. Introduction

The Ontario Government’s effort to make Ontario fully accessible to over 1.8 million people with disabilities has slowed to a crawl, mired in lethargy and bureaucracy. A widely-respected Independent Review that the Ontario Government appointed reported, over a year ago, that Ontario lags behind schedule for full accessibility for people with disabilities and that, after ten years on the books, Ontario’s accessibility law has not made a significant difference in the lives of people with disabilities.

http://www.aodaalliance.org/strong-effective-aoda/02262016.asp

Provincial government considering private auto insurance regulations

According to the Insurance Bureau of Canada, Alberta has the second highest automobile insurance in the country. The province’s premiums are less pricey than Ontario’s, but much higher than those in Atlantic Canada, the agency observed.

http://www.insurancebusiness.ca/news/auto/provincial-government-considering-private-auto-insurance-regulations-210403.aspx