Author Archives: Admin4

MANDEL: Another drunk driving case in jeopardy after police ignore language issue

Yet another alleged drunk driver could walk because police ignored the man’s problem understanding English when he was explained his legal rights.

http://torontosun.com/news/local-news/mandel-another-drunk-driving-case-in-jeopardy-after-police-ignore-language-issue

Report: Michigan has highest auto insurance rates in the country

Michigan drivers have been complaining about the state’s higher than average auto insurance rates.
Now, there is more reason to be frustrated.

A recent survey shows Michigan is the most expensive state in the country. Overall, rates are 20 percent higher than they were in 2011.

http://www.wzzm13.com/news/local/michigan/report-michigan-has-highest-auto-insurance-rates-in-the-country/515380816

Province Selects The Honourable David C. Onley to Review Ontario’s Accessibility Laws

Ontario has appointed the Honourable David C. Onley to conduct the third review of the Accessibility for Ontarians with Disabilities Act (AODA).

The reviewer will consult with the public and will analyze accessibility progress made in other jurisdictions. The review will be completed by the end of 2018 and will consider the evolution of the current AODA and its goals for an accessible Ontario by 2025 and beyond.

https://news.ontario.ca/acc/en/2018/02/province-selects-the-honourable-david-c-onley-to-review-ontarios-accessibility-laws.html

Accidents with Uninsured Drivers: What Happens Now?

What happens when you are injured in Ontario as a result of a motor vehicle accident and the driver of the vehicle who struck you did not have insurance coverage? You may be asking yourself: Will I be able to obtain medical and rehabilitation assistance, income replacement, and other benefits that I require?

https://oatleyvigmond.com/accidents-with-uninsured-drivers-what-happens-now/

Bill 87: changes around complaints against health professionals

Physicians and other health professionals need to be aware that the rules have changed around complaints and other regulator inquiries into their clinical practice, says Toronto health lawyer Tracey Tremayne-Lloyd.

http://www.advocatedaily.com/tracey-tremayne-lloyd-bill-87-changes-around-complaints-against-health-professionals.html

B.C. to introduce auto insurance pay out limits next year

VICTORIA – The British Columbia government will implement a $5,500 cap on pain and suffering for pay-outs to vehicle accident victims in a move to save $1 billion a year for the province’s public auto insurer.

https://www.canadianunderwriter.ca/claims/b-c-introduce-auto-insurance-pay-limits-next-year-save-1b-annually-1004127065/

Concussion Services

The Concussion Centre is a part of Holland Bloorview Kids Rehabilitation Hospital, Canada’s largest pediatric rehabilitation hospital. We have the knowledge and expertise to properly manage your child’s concussion. Our centre offers a wide range of concussion services, all with the goal of getting youth who have experienced a concussion back to the activities that are important to them.

http://hollandbloorview.ca/programsandservices/concussioncentre/concussionservices?platform=hootsuite

Sbaraglia v. Canada Life Assurance, 2018 ONSC 8 (CanLII)

Preface

I believe that equity dictates that if a defendant knows that the “finger of litigation” is pointing in its direction, and an action is commenced on a timely basis based on specific actions, this court ought to take appropriate steps to ensure that the true lis between the parties is addressed, rather than permitting one party to perhaps escape its possible liability by relying upon a technical Limitations Act defence.

[1]                  The plaintiff, Peter Sbaraglia (“Sbaraglia”), commenced an action against the defendant, Canada Life Assurance Company (“Canada Life”), alleging breach of contract. Sbaraglia sought a declaration that he met the definition of total disability under his Long Term Disability (“LTD”) insurance, and claimed damages based on Canada Life’s denial of his LTD benefits.

[2]                  Sbaraglia now seeks to amend his Statement of Claim to add further particulars and to increase the quantum of damages claimed as a result of Canada Life’s denial and breach of contract. Canada Life opposes the amendment.

[35]              That Court’s Conclusion aptly summarizes my conclusion as well:

46        The plaintiff is entitled to assert a claim for breach of an implied duty of good faith and fair dealing and seek punitive damages arising from that alleged breach. The alleged breach, as set out in the amendments, is an actionable wrong independent of the alleged wrongful termination of disability benefits, but it is not an independent cause of action in this case. Therefore, the motion judge did not err in law when he allowed the amendments to the plaintiff’s statement of claim.

[36]              In the result the Plaintiff’s motion is allowed and leave is granted to deliver a Fresh as Amended pleading containing the requested amendments within 30 days.

Excluded drivers can still claim accident benefits, court rules

Drivers excluded from coverage on their own policies can still claim accident benefits on the policies of other drivers, as long as they weren’t driving the vehicles from which they were excluded coverage, the Court of Appeal for Ontario ruled Friday, after considering two separate situations.

https://www.canadianunderwriter.ca/legal/excluded-drivers-can-still-claim-accident-benefits-court-rules-1004126948/

New poll: Ontario drivers fed up with antiquated rules requiring them to carry paper form “pink slip”

Under Ontario law, every driver must carry their proof of auto insurance “pink slip”, which is valid only in paper format. Nova Scotia recently announced that it would become the first Canadian province to allow drivers to carry digital proof of insurance. Currently, 46 U.S. states allow for digital proof of auto insurance.

http://www.ilstv.com/new-poll-ontario-drivers-fed-antiquated-rules-requiring-carry-paper-form-pink-slip/