Author Archives: Admin4

Injured woman cannot pursue tort lawsuit in Ontario over motorcycle accident in B.C.

Canada’s highest court announced Thursday it will not hear an appeal from an Ontario woman injured in a motorcycle accident in British Columbia who unsuccessfully sought to sue the driver in an Ontario court.

http://www.canadianunderwriter.ca/news/injured-woman-cannot-pursue-tort-lawsuit-in-ontario-over-motorcycle-accident-in-b-c/1004070391/

Debate over daylight time continues as most of Canada springs forward this weekend

The time change has also been associated with an increase in road-related accidents.

For example, after the clocks were moved forward an hour on Sunday in spring 2014, there was a 20 per cent increase in crashes on Manitoba roads on the Monday compared to all other Mondays that year, according to Manitoba Public Insurance.

http://www.cbc.ca/news/canada/daylight-saving-time-facts-figures-1.3485261

A place to have your concerns about Ontario’s auto insurance heard?

The PC’s have just launched “the largest grassroots policy consultation and development process… ForOntario.ca.”

https://forontario.ca/submit-your-idea/

From FSCO to the LAT: Procedural Changes to Accident Benefits Disputes

The 2015 Ontario budget announced on April 23, 2015 brings sweeping changes to the auto insurance accident benefits system. Catastrophic and non-Catastrophic funding limits were slashed, and drastic revisions to the definition of “catastrophic impairment” were proposed. There will be a huge procedural change as well; disputes under the Statutory Accident Benefits Schedule (“SABS”) will no longer be subject to the jurisdiction of the Financial Services Commission of Ontario (“FSCO”). Instead, the Licence Appeal Tribunal (“LAT”) will assume responsibility for accident benefits disputes under the SABS.

http://otlablog.com/fsco-lat-procedural-change/

April 1st: The Elimination of FSCO and the welcoming of LAT (Not an April Fools Joke)

In Ontario, we have a no fault system of accident benefits. These accident benefits are there to protect policy holders, like you and me. The intent of the accident benefit system and the surrounding legislation is CONSUMER PROTECTION LEGISLATION. We are getting away from that “Consumer Protection” part as each day goes by.

http://www.torontoinjurylawyerblog.com/2016/03/april-1st-elimination-fsco-welcoming-lat-not-april-fools-joke.html

BC and Ontario are cracking down on auto insurance fraud — but at what cost?

The legal and insurance worlds are abuzz with a recent decision of the BC Supreme Court. In the decision Arsenovski v. Bodin2016 BCSC 359, an adjuster with BC’s provincial auto insurer (ICBC) wrongfully accused a new immigrant — who had limited English skills and no real understanding of the auto insurance system — of making fraudulent insurance claims. The investigation very nearly resulted in a criminal trial for Danica Arsenovski, who was in her early fifties and had recently fled Yugoslavia with her husband.

http://www.vandykelaw.ca/2016/03/bc-and-ontario-are-cracking-down-on-auto-insurance-fraud-but-at-what-cost/

In Need Of Some “Dam” Relief! – Court Of Appeal Allows Imperfect Compliance With Reporting Requirements For Uninsured Automobile Coverage

In Dams v. TD Home and Auto Insurance Company, 2016 ONCA 4, the Ontario Court of Appeal continued its trend of liberalizing relief from forfeiture – this time allowing imperfect compliance with the statutory reporting requirements for uninsured automobile coverage.

http://www.mondaq.com/canada/x/472528/Insurance/In+Need+Of+Some+Dam+Relief+Court+Of+Appeal+Allows+Imperfect+Compliance+With+Reporting+Requirements+For+Uninsured+Automobile+Coverage

Canada: Court Of Appeal Provides A Further Look At The Additional Insured

Disputes over additional insured status are legendary and frequent.  Every insurer faces demands for a defence from additional insureds.  Brokers are requested to issue certificates of insurance on a daily basis, identifying people or companies as additional insureds.  Assigning insurance obligations is an essential feature of most contractual relationships.  There is no avoiding the issue of the duty to defend an additional insured.  Yet the outcomes of legal disputes about the issue have been unpredictable in the past and only recently has a trend towards more predictability emerged.

http://www.ilstv.com/canada-court-appeal-provides-look-additional-insured/

Insurance Corporation of B.C. wants Supreme Court of Canada to hear appeal arising from intoxicated passenger grabbing steering wheel

A dispute between the Insurance Corporation of British Columbia and a woman seriously injured in a vehicle crash, arising from an intoxicated passenger grabbing the steering wheel, may reach the Supreme Court of Canada.

http://www.canadianunderwriter.ca/news/insurance-corporation-of-b-c-wants-supreme-court-of-canada-to-hear-appeal-arising-from-intoxicated/1004065394/

Middle-class injustice: Too wealthy for legal aid, too pinched for ‘average’ lawyers’ fees

Ryan and her daughter fall into the legal grey zone that encompasses Canada’s working poor and middle class. They’re too “rich” to qualify for legal aid, but too strapped to pay $365 an hour for a lawyer, the average rate last year, according to a countrywide survey in Canadian Lawyer Magazine.

http://www.cbc.ca/news/canada/legal-aid-middle-class-1.3476870