http://canlii.ca/t/gn8g0

[11]        The other defence medical witness was Dr. Debow who was a psychiatrist.  I conclude that he was an advocate for the defence for the following reasons.

[12]        Dr. Debow administered a “mini-mental status” exam to Ms. Parra on which he said she scored accurately.  He agreed the Montreal Cognitive test is more complex and takes longer to administer.  He was asked why he didn’t place some weight on Ms. Parras’ results on the Montreal Cognitive test, administered by an occupational therapist who was called as a defence expert, which showed some cognitive impairment.  He responded that he was not sure of the qualifications of an occupational therapist to administer the test.

[13]        Dr. Debow was asked why he didn’t place some weight on findings by a speech and language pathologist that Ms. Parra had severe cognitive impairment.  Dr. Debow responded that he didn’t know what testing the speech and language pathologist was qualified to do and so he disregarded it.

[14]        An impartial expert who didn’t know if prior, and potentially highly relevant, testing was valid would try to find out if it was.  Dr. Debow was content to simply dismiss the testing out of hand.

[15]        Dr. Debow testified that Ms. Parra told him she could only work 4-8 hours a week.  It was pointed out to him in cross-examination that pre-accident she reported working 8-12 hours a day for six days a week.  Dr. Debow was challenged as to how this difference (4-8 hours a week as opposed to 48 to 72 hours a week) could not be regarded as significant.  Dr. Debow testified that was not a big difference from his perspective.  He then proceeded to offer up that in a poor market an agent might not be busy and might not have any transactions for a month or two.  Dr. Debow was obviously prepared to step way outside of his area of expertise to try to help the defence.  As such, I place no weight on the evidence of Dr. Debow.

“There have been several cases before the courts and the Financial Services Commission where judges and arbitrators have found that experts have failed to act as neutral, independent, and impartial witnesses, but rather have acted as hired-gun advocates. The judges and arbitrators have made it clear that they find this conduct unacceptable,” says Steve Rastin, of Barrie, Ont.-based Rastin and Associates and OTLA’s immediate past president. “The expert should give the same opinion whether he or she is hired by the insurance company or by the claimant. The opinion should be the same.”

http://www.lawtimesnews.com/201602085211/headline-news/trial-lawyers-association-calls-for-inquiry

The recently reported decision of Bruff-Murphy v. Gunawardena, 2016 raises important issues concerning the use of civil jury trials and the role of partisan expert witnesses.

http://www.lawtimesnews.com/201602085208/commentary/social-justice-expert-witnesses-and-access-to-justice

The Ontario Government, in their quest to reduce automobile insurance premiums, announced substantive and procedural changes to the accident benefits world that will be taking effect soon.  This article deals with the procedural aspects of the changes.

http://www.millerthomson.com/en/blog/ontario-insurance-litigation-blog

Toronto, February 5 (CINEWS): If more insurance-scamming “choreographers” like Uthayakanthan “Mano” Thirunavukkarasu are put out of business, auto insurance rates in the GTA would come down drastically.
This week “Mano” who was found guilty of staging 13 collisions designed to bilk over $1.5 million from insurance companies will be spending the next 42 months in prison, needless to add at taxpayers expense.

http://www.canindia.com/insurance-scamming-choreographer-sent-to-prison/

The Ontario Federation of Labour (OFL) and the Ontario Network of Injured Workers’ Groups (ONIWG) have filed a formal complaint with Ontario’s ombudsman asking for a full investigation into the practices of the Workplace Safety and Insurance Board (WSIB).

http://dailycommercialnews.com/Labour/News/2016/2/Labour-groups-call-for-WSIB-investigation-1013337W/

Ontario and Alberta are two provinces with income support programs comparable to British Columbia’s — both of which are higher than B.C.’s $906 per month.

http://www.merrittherald.com/are-persons-with-disabilities-allowances-still-too-low/

What can we do to avoid the many ways – obvious and not so obvious – that we can be tracked in a wired world? There are still ways to avoid it, but they can be awkward and expensive. In the future, will digital privacy become a costly privilege for the eccentric?

http://globalnews.ca/news/2486283/what-drivelikeagirl-com-tells-us-about-the-future-of-your-digital-privacy/

The OTLA has been critical of the auto insurance efforts of the government in recent months, conducting a study during last year that showed consumers overpaid for their auto insurance since the turn of the century. From 2001 to 2013 between $3 billion and $4 billion was overpaid, with the number increasing more recently.

http://www.shopinsurancecanada.ca/blog/news/otla-the-latest-to-call-on-ontario-to-look-into-medical-claims-for-auto-insurance/

A Supreme Court of Canada ruling this past April means Ontario insurance adjusters need to examine all auto accident benefit claims they receive, even if their companies are not involved, an insurance lawyer suggested Wednesday.

http://www.canadianunderwriter.ca/news/ontario-auto-claims-adjusters-need-to-take-heed-to-supreme-court-ruling-against-chubb-oiaa-speaker/1004008419/