Author Archives: Admin4

Defence & Indemnity – June 2016: II. LIABILITY ISSUES #3

On May 18, 2006, the Plaintiff Graham was injured while a front seat passenger of a vehicle being operated by Lemay was T-boned on the passenger side by a vehicle leased to West End Tile Limited and Luciano Pietrantonio, being operated by Luciano’s son Mario Pietrantonio. It was alleged that Mario was speeding and on his cellphone at the time. The Plaintiff suffered traumatic brain injury and was left permanently disabled. Lemay carried $1,000,000 in third party auto liability coverage.

http://www.jdsupra.com/legalnews/defence-indemnity-june-2016-ii-76715/

WSIB stands by use of ‘paper doctors’ after calls for ombudsman probe

Ontario’s workers compensation board is standing by its controversial practice of using consultants to provide medical opinions on injured workers without actually examining them, saying the doctors it contracts to weigh in on benefits claims are being used “appropriately.”

https://www.thestar.com/news/gta/2016/07/10/wsib-stands-by-use-of-paper-doctors-after-calls-for-ombudsman-probe.html

Major insurer files fraud claims against medical providers, paralegal

Aviva Canada has recently filed complaints with both the College of Chiropractors of Ontario (CCO) and the Law Society of Upper Canada (LSUC) in relation to three professionals whom the insurer has implicated in fraud charges.

http://www.insurancebusiness.ca/news/major-insurer-files-fraud-claims-against-medical-providers-paralegal-210116.aspx

OCA ruling highlights troubling aspects of personal injury litigation

In Basandra v. Sforza, 2016 ONCA 251 (CanLII), the plaintiff was involved in a motor vehicle accident which resulted in a hip fracture/dislocation with multiple breaks for which he had surgery, a left knee fracture with multiple breaks for which he had surgery and a right knee contusion with fracture, among other injuries.

http://www.advocatedaily.com/brian-goldfinger-oca-ruling-highlights-troubling-aspects-of-personal-injury-litigation.html

Novel Drug Shows Promise for Improving Memory Loss after Traumatic Brain Injuries

Treating rats with an experimental drug at three months following a traumatic brain injury (TBI) improves their learning memory ability, as reported in a new study published online today in the July edition of The Journal of Neuroscience. The drug, a selective phosphodiesterase 4 subtype inhibitor (PDE4B), is currently under development by Tetra Discovery Partners, a privately held biotechnology company and is being tested as a potential therapy for TBI by University of Miami / Miami Project researchers.

Battling the Physical Symptoms of Stress

Your body reacts the same way to a harsh email and a saber-toothed tiger.

Survey finds fraud is on the rise, insurance industry among most affected

Auto insurance fraud is rife within Canada’s most populated province and is thought to cost the insurance industry more than $2 billion per year. Despite various efforts, fraud remains rife, particularly in the Greater Toronto Area, and is a major contributor to Ontario’s highest auto insurance premiums in the country.

https://www.shopinsurancecanada.ca/blog/news/survey-finds-fraud-is-on-the-rise-insurance-industry-among-most-affected/

$50,000 Non-Pecuniary Assessment for “Persistent” Soft Tissue Injuries

In today’s case (Smith v. Evashkevich) the Plaintiff was involved in a 2010 rear end collision that the Defendant admitted fault for.  The Plaintiff suffered soft tissue injuries to his neck and shoulder which persisted at the time of trial and were expected to continue into the future.

http://bc-injury-law.com/blog/50000-nonpecuniary-assessment-persistent-soft-tissue-injuries?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+IcbcLaw+%28ICBC+Law%29

A Defendant By Any Other Name: Of Limitation Periods, John Doe, and Misnomer

The Plaintiff, Stechyshyn, was involved in a motor vehicle accident on or about June 8, 2006. The police were not called to the scene and Stechyshyn copied down the other driver’s licence number, the insurance information, and license plate number in a personal notebook. While Stechyshyn was at the hospital, a police officer attended to investigate. In addition to describing the details of the collision to the officer, Stechyshyn gave the officer the page out of his notebook containing the other driver’s particulars.

http://www.millerthomson.com/en/blog/ontario-insurance-litigation-blog/a-defendant-by-any-other-name-of-limitation

Seeking integrity in personal injury advertising

“You need to ensure that people enter into an agreement with lawyers understanding exactly what is involved, especially in personal injury law, when people are hurt, vulnerable and many times are at the lowest point in their lives.”

http://www.advocatedaily.com/andrew-spurgeon-seeking-integrity-in-personal-injury-advertising.html