Author Archives: Admin4
State Farm Mutual Automobile Insurance Company v.Aslan, 2016 ONSC 2725 (CanLII)
[1] The applicant, State Farm Mutual Automobile Insurance Company (State Farm) moves for an order that the respondents attend an Examination Under Oath pursuant to s. 33 of the Statutory Accident Benefit Schedule – O. Reg 34/10 (the schedule) in order to answer questions relevant to their entitlement to benefits under the schedule and an order allowing State Farm to withhold payment of Statutory Accident Benefits to each respondent until they attend the examination.
[2] There are seven respondents. They were each injured in motor vehicle accidents occurring in Ontario between 2011 and 2013. They were involved in separate accidents and do not know each other. However, they are all represented by the same counsel, Ms. Gorelashvili.
Ontario car insurance injury benefits poised to change
If you get injured in a car accident in Ontario after June 1, the amount of medical costs that your insurance company will cover may be a lot lower than before.
http://www.cbc.ca/news/canada/
The Lawyers Weekly: Minor accident policy decried
Personal injury lawyers say a recent decision by the Toronto Police Service to stop investigating minor car accidents at the scene increases the onus on drivers to collect information immediately after a crash and could make it more difficult for injured parties to win civil damages claims against insurance companies.
http://www.gluckstein.com/
Raising Court Fees and Nudging Litigant Behaviour
Scholars Richard Thaler and Cass Sunstein explain a “nudge” as something that alters people’s behaviour in a predictable way without forbidding any options or significantly changing economic incentives. An example of a nudge would be putting fruit at eye level in a grocery store.
Can Herniated Discs Heal on Their Own?
You may get different answers to this question, depending on who you ask.
It is true that herniated disc symptoms can subside over time even without medical intervention. But does that mean the herniated disc has healed on its own?
http://www.spine-health.com/
Auto Insurance Rates for the First Quarter of 2016
This notice provides an overview of the private passenger automobile insurance rate changes approved or ordered by the Financial Services Commission of Ontario (FSCO) for filings reviewed in the first quarter of 2016. The number of filings reviewed by FSCO and the overall average rate change for the Ontario market may vary from quarter to quarter, based on updated information about claims costs, market conditions and other financial factors and the resulting impact that these factors have on the adequacy of an insurance company’s current rates.
Top court will not hear appeal of Sask. appeal court’s reduction of punitive damage against insurers found to have breached duty of good faith
The Supreme Court of Canada recently announced it will not hear an appeal from a claimant over a decision, by the Saskatchewan Court of Appeal, which reduced $4.5 million in punitive damages against two insurance companies, in a lawsuit over a disputed claim arising from a foot injury.
Caregiver Fatigue: What Can Be Done?
Caring for someone with a disability can be incredibly rewarding. This rewarding feeling is what keeps many caring professionals such as personal support workers, nurses, occupational therapists and others working at their jobs. Unfortunately, over time, stress, conflict with challenging patients, limited resources and heavy caseloads often cause these professionals to suffer from caregiver fatigue.
http://oatleyvigmond.com/
Fonseca v. Hansen, 2016 ONCA 299 (CanLII)
[66] And in the present case there was no evidence of any lack of independence or lack of objectivity on the part of Dr. Anton. Mr. Kirby was on a fishing expedition asking questions that on the facts of the case he had no business asking. They were improper and should not have been permitted.
[67] That said, Dr. Anton handled himself well in the circumstances. When counsel asked him a similar series of questions in relation to a second report that he prepared on behalf of the appellant, and whether he thought it “fair, and objective, and nonpartisan to have these secret discussions with plaintiff’s counsel before you write a report?” he responded: