Author Archives: Admin4

The cost of insurance fraud – Fedeli

Speaker, organized insurance fraud is a serious problem that impacts the cost of insurance for all consumers. It’s estimated to cost upwards of $1 billion in Ontario alone. A recent undercover investigation, widely televised, reveals staff at professional clinics encouraging and counseling undercover investigators to commit fraud.

http://northbaynow.ca/cost-insurance-fraud-fedeli/

Limitation period a poor defence for legal malpractice

Personal-injury lawyers who advise their clients to settle for amounts deemed improvidently low could face malpractice claims many years after the settlement.

http://www.canadianlawyermag.com/legalfeeds/3249/limitation-period-a-poor-defence-for-legal-malpractice.html

SAMS’s bill: Over $600,000

Brantford and Brant County councillors are stepping up pressure on the provincial government to provide an estimated $600,000 in compensation over the problematic rollout of a welfare and disability payment system.

http://www.brantfordexpositor.ca/2016/05/04/samss-bill-over-600000

Sahinbay v. Da Silva, 2016 ONCA 333 (CanLII)

ENDORSEMENT

[1]         The appellant is represented by counsel today.  Counsel argues that at the trial of the action, the appellant was self-represented, was taking unreasonable positions, lacked counsel due to factors beyond his control, and suffered a head injury.  He submits that given these circumstances, the trial judge, of his own initiative, ought to have adjourned the trial so that the appellant could confer with counsel.

[2]         We do not accept the appellant’s submission.

[3]         A reading of the transcript of proceedings reveals that the trial judge conducted a fair trial.  He repeatedly offered the appellant an adjournment of the trial but these offers were repeatedly refused.  He also pointed out the weaknesses of the appellant’s case in the absence of properly tendered evidence.

[4]         Moreover, we reject the argument, raised for the first time today, that counsel for the respondent was obliged to do more in the circumstances.  Again, a review of the transcript does not support such a complaint.

[5]         The appeal is dismissed.  Costs are awarded to the respondents in the amount of $2,000 inclusive of disbursements and applicable taxes.

http://canlii.ca/t/gr52q

Canadians more satisfied with car insurance, but pricing still a problem

In Ontario, for example, where the Liberal government promised to reduce auto insurance rates by 15 per cent, the survey said the percentage of customers who experienced a rate increase rose to 21 per cent, up from 20 per cent in 2015. However, Ontario saw the most significant improvement in customer satisfaction.

http://www.theglobeandmail.com/globe-drive/news/trans-canada-highway/canadians-more-satisfied-with-car-insurance-but-pricing-still-a-problem/article29856511/

Retroactive Attendant Care and SABS interest

Section 42(1) of the current Statutory Accident Benefits Schedule,previously section 39(1),requires an insured to apply for attendant care benefits by submission of a Form 1, the “Assessment of Attendant Care Needs”, completed by an occupational therapist or registered nurse. Typically the Form 1 is submitted and – subject to insurer’s evaluation of the claim – reasonable and necessary attendant care benefits are paid out on an ongoing basis.

http://mccagueborlack.com/emails/articles/retroactive-sabs.html?utm_source=Mondaq&utm_medium=syndication&utm_campaign=View-Original

Satisfaction with Auto Insurance in Canada Improves for the First Time in Five Years, Says J.D. Power Study

TORONTO–(BUSINESS WIRE)–Customer satisfaction with auto insurance in Canada increases for the first time in five years, according to the J.D. Power 2016 Canadian Auto Insurance Satisfaction StudySM released today. The increase in overall satisfaction comes at a time when there is a significant amount of consolidation in the market.

http://www.businesswire.com/news/home/20160504005294/en/Satisfaction-Auto-Insurance-Canada-Improves-Time-Years

Warren Buffett says that self-driving cars will be bad for insurance companies

Warren Buffett — chairman and CEO of global conglomerate Berkshire Hathaway and one of the wealthiest people in the world — hauls in a good deal of revenue from Berkshire-owned auto insurer Geico. But in the long term, Buffett thinks, insurers like Geico are going to be bringing in less money as self-driving cars start to take over.

http://www.ilstv.com/warren-buffett-says-self-driving-cars-will-bad-insurance-companies/

Victim of doctor sex abuse outraged over treatment at College of Physicians and Surgeons

Temerra Dixon wants you to know what happened to her in the hopes that people will get angry and loud enough to pressure the government to change the law so that doctors who molest their patients automatically lose their licences.

https://www.thestar.com/news/gta/2016/05/04/victim-of-doctor-sex-abuse-outraged-over-treatment-at-college-of-physicians-and-surgeons.html

Lauesen v. Silverman, 2016 ONCA 327 DATE: 20160503 DOCKET: C59992

http://www.ontariocourts.ca/decisions/2016/2016ONCA0327.htm

 

[1]            The appellant did not know she should sue her former lawyer for making an improvident settlement of a car accident action until she went to another lawyer who advised her to do so, after he obtained an expert opinion about the extent of her injuries. The issue in this case is discoverability for limitation purposes: when is it reasonable for a lay person to know that she should sue her former lawyer?