Author Archives: Admin4

Disability benefits can be reduced by other benefits or deemed to be received.

Offsets are amounts from other sources (sometimes  referred to as “collateral benefits”)  that will reduce the amount of any long-term disability benefits that you may be entitled to.  All long-term disability policies are not the same.   Accordingly, the type of offsets that may apply in your case will depend on the specific wording in your disability policy.

http://www.deutschmannlaw.com/news-detail-injury?newsfile=10828

Cells Carry Memory Of Injury, Reveal Why Chronic Pain Lasts, Study Says

A recent study has offered clue why chronic pain can last even when the injury that caused it has gone. Although the research is just starting, this could explain how small and seemingly harmless injuries leave molecular ‘footprints’ which add up to more lasting damage, and ultimately chronic pain.

Google patent: Glue would stick pedestrian to self-driving car after collision

MOUNTAIN VIEW — In a world with self-driving cars, Google envisions the inevitable: accidents involving pedestrians.
But the firm is exploring an unusual solution. Think flypaper.
The company received a patent Tuesday describing a way to reduce pedestrian injuries in an accident with a robotic vehicle. The impact of the crash, Google suggests, would expose a coating that glues the person to the front of the car.

Ontario political donations surge, plunge around key policy decisions, Radio-Canada finds

Corporations and lobby groups either pumped money into Ontario political parties or abruptly cut their donations in the months surrounding major policy decisions in recent years, an investigation by Radio-Canada has found.
Yasir Naqvi, the Liberal house leader, said political fundraising does not “in any shape or form” buy policy decisions in his government.

http://www.cbc.ca/news/canada/toronto/ontario-political-donations-1.3588320

Public auto insurance needed

Besides paying the highest auto insurance premium in the country, our provincial taxes are used to fund the extra enforcement and regulations demanded by the auto insurers to fight fraud. So, we are giving up lots more to see a reduction of 15 per cent in premium promised by the government.

Too Early to Tell if LAT Approach to Claims Disputes in Ontario Improves on FSCO Process

The responsibility for mediation and arbitration of auto accident benefits insurance claims disputes has been in the hands of the License Appeal Tribunal (LAT) since April 1, bringing changes to the dispute resolution process in Ontario. LAT replaced the Financial Services Commission of Ontario (FSCO), which had operated its Dispute Resolution Group for the previous 26 years.

https://www.shopinsurancecanada.ca/blog/news/too-early-to-tell-if-lat-approach-to-claims-disputes-in-ontario-improves-on-fsco-process/

More clarity on resolving lawyer fee assessments?

Order could be restored at the Ontario Superior Court’s overstretched fee assessment office, thanks to a decision yesterday from the Divisional Court that relieved the court of sole jurisdiction to handle those files.

http://www.canadianlawyermag.com/legalfeeds/

Purdue Pharma: Corporate Fraud With a Body Count

The LA Times investigation of Purdue Pharma’s manufacture and marketing of the narcotic painkiller OxyContin published last week should be regarded as a standard case study in corporate fraud.
 

Sun v. State Farm Mutual Automobile Insurance Company, 2016 HRTO 649 (CanLII)

[1]           The Application alleges that the respondents discriminated against the applicant contrary to the Human Rights Code, R.S.O. 1990 c. H. 19, as amended (the “Code”).

[2]           By Case Assessment Direction (“CAD”), the Tribunal directed that a summary hearing be held to address whether the Application should be dismissed on the basis that there is no reasonable prospect that it will succeed.

[3]           As explained more fully below, I find that the Application must be dismissed on the basis that it has no reasonable prospect of success under the Code. Even if I accept all of the facts alleged by the applicant as true, the applicant has not been able to point to any evidence beyond his own suspicions that the respondents treated the applicant in a Code related discriminatory manner.

http://canlii.ca/t/grnmt

 

Bishop-Gittens v Lim, 2016 ONSC 2887 (CanLII)

[18]           Dr. Michael Ford was called by the defendant.  He was qualified as an expert in orthopedic, spine and trauma surgery with experience in the assessment of chronic pain and chronic pain disorder.

[19]           Dr. Ford did an orthopedic assessment of the plaintiff on January 15, 2013. He did not prepare a report until June 16, 2013.  The delay in preparing the report was caused by other priorities in Dr. Ford’s practice.

[20]           Dr. Ford suggested that the plaintiff had suffered soft tissue injuries as a result of the accident.  These types of injuries typically resolve. He would have expected a complete resolution of the injuries over a period of 6 to 12 weeks.  He stated that there was no organic explanation for the plaintiff’s continuing complaints which were 5 years post-accident.  He suggested that there were no limitations to prevent the plaintiff from returning to her normal activities or work and did not see any relationship between the motor vehicle accident and the plaintiff’s current complaints.

http://canlii.ca/t/gpqmf