The recent death of a man who perished while behind the wheel of a self-driving car highlights that when it comes to the open road, human error remains the biggest risk, say insurance experts.
Author Archives: Admin4
Manitoba crash survivor’s health-care team calls for outpatient brain injury clinic
Brain injury patients in Manitoba need more support when they’re discharged from hospital, say members of the rehabilitation team working with a survivor of a fatal crash.
http://www.cbc.ca/news/canada/
Sheikh v. Pearl, 2016 ONCA 523 (CanLII)
[83] The genesis of the underlying motion was the conduct of the lawyer with carriage in obtaining the partial judgment, apparently without the appellant’s consent. The personal respondents are innocent victims in the legal quagmire that has ensued. Moreover, if the partial judgment was obtained without advising the settlement approval judge that the appellant was not consenting, it is difficult to understand why the personal respondents should bear any responsibility for the costs of proceedings arising from that omission.
The New AB Regime – Beyond Procedure
In addition to procedural changes and challenges, the AABS & LAT will require new strategies and approaches to be employed. The AABS mandate is to “deal with your case in a fair, independent and timely manner. Our goal is to reach a final decision about your benefits within 6 months.” This lofty mandate will certainly change how we manage and think about AB disputes.
http://www.gluckstein.com/
Disputed Injury Diagnosis – Six of One, Half a Dozen of the Other…
In today’s case (Tan v. Mintzler) the Plaintiff was injured in a 2012 collision and experienced chronic cognitive symptoms. At trial a debate arose about whether the symptoms were due to a head injury from the collision or secondary to chronic pain. The Court found the Plaintiff did indeed suffer a head injury however noted the debate was largely insignificant as whatever the diagnosis the symptoms were linked to the trauma of the collision.
5 new traffic laws that will affect drivers as of Sept. 1
The “Making Ontario Roads Safer Act”, or Bill 31, was approved unanimously in June and will come into effect Sept. 1—meaning some new rules for drivers and, in many cases, heavier penalties for breaking them.
http://toronto.ctvnews.ca/
Crash rates increase at nearly half of B.C. highway zones with raised speed limits
Collision rates increased in nearly half of the 33 highway zones where the B.C. government raised speed limits two years ago – and the number of serious and fatal crashes increased by 11 per cent.
Fewer workers getting help for ‘serious injuries,’ statistics show
Fernando Paul, 65, now uses a wheelchair after injuring his back on the job. His impairment rating was reduced because the WSIB claimed he had degenerative disk disease in a different part of his spine, making him ineligible for the board’s serious injury program.
Kulaveerasingam and State Farm 2016-06-21, Appeal, Final Decision, FSCO 4940
https://www5.fsco.gov.on.ca/AD/4940
ANALYSIS
The Arbitrator found section 2(1) of the New Regulation to be clear and unambiguous; for accidents occurring on or after September 1, 2010, the benefits payable (other than optional benefits) were under the New Regulation, including interest payable at 1 percent per month. She stated that if the Legislature’s intention was that an insurer would not be subject to the new, reduced interest provision in the New Regulation, that could have been specified, but it was not.