Author Archives: Admin4

Insurers must improve privacy practices

In a recent Financial Services Commission of Ontario (FSCO) decision, an arbitrator ruled that it would be inappropriate for an insurer to use a medical report concerning the claimant’s husband, who also had a claim for accident benefits, without his consent. The husband and wife had separate claims to the same insurer arising out of a 2013 accident.

http://www.advocatedaily.com/none-insurers-must-improve-privacy-practices.html

Tribunal decision imperils limitation periods in auto claims

The Insurance Act is just one act to consider among all the other factors when dealing with the two-year limitation period in statutory accident benefits disputes, the Ontario Licence Appeal Tribunal (LAT) has found.

https://www.canadianunderwriter.ca/insurance/set-stone-sabs-limitation-periods-1004126704/

The problem with civil juries in a high-tech world

One of the difficulties with civil trial juries is that it is too costly to ensure jurors are impartial and not accessing information via the internet outside the courtroom, Toronto critical injury lawyer Patrick Brown writes in The Lawyer’s Daily.

http://www.advocatedaily.com/patrick-brown-the-problem-with-civil-juries-in-a-high-tech-world.html

How Ontario tribunal looks at professional attendant care providers

The Ontario Licence Appeal Tribunal (LAT) seems to have extended the categories of individuals who are found to be professional providers for the purposes of attendant care, Philippa Samworth, partner at Dutton Brock LLP, said on Tuesday.

https://www.canadianunderwriter.ca/claims/ontario-tribunal-looks-professional-attendant-care-providers-1004126749/

Mental illness – past or present – is not a crime

Is having a bout of mental illness something that should result in a police record?

Astoundingly, that is the reality in much of this country.

It is an egregious breach of civil rights, yet the practice continues because people who suffer serious mental illnesses such as depression, bipolar disorder and schizophrenia are all too often voiceless, powerless and victims of well-entrenched stereotypes.

https://www.theglobeandmail.com/life/mental-illness—past-or-present—is-not-a-crime/article20387085/?utm_source=twitter.com&utm_medium=Referrer:+Social+Network+/+Media&utm_campaign=Shared+Web+Article+Links

Let the private market compete with ICBC: Bureau

Insurance Corporation of British Columbia’s monopoly should end, Insurance Bureau of Canada said this week, but the province’s attorney general contends that competition will not result in lower premiums for B.C. vehicle owners.

https://www.canadianunderwriter.ca/insurance/let-private-market-compete-icbc-bureau-1004126746/

Persampieri v. Hobbs, 2018 ONSC 368 (CanLII)

 

[25]           Members of the jury rendered their verdict on June 15, 2017.

[26]           They awarded the Plaintiff $40,000 for general damages, $25,000 for housekeeping and home maintenance, $2,000 for attendant care, and $500 for medical and rehabilitation expenses.

 
[166]      In all the circumstances here, I order the Defendants to pay costs of $237,017.50 to the Plaintiff.

Lawyers say expert bias still significant problem

Expert bias remains a problem with SAB and Tort cases. Wendy Moore Mandel of Thomson, Rogers weighs in on the issue.

Shady Billing: Closing the Hall of Shame

Only “fair and reasonable” fees and disbursements can be charged by lawyers to their clients. This rule is uncontroversial, and applies across the country. Nevertheless, the following billing practices are used by some Canadian firms, and not clearly forbidden by regulation:[1]

http://www.slaw.ca/2018/01/30/shady-billing-closing-the-hall-of-shame/

Compromise required by applicant and Aviva in scheduling IE appointments

MB was hurt in a car accident on November 21, 2013. She continued to work up until she underwent surgery on September 1, 2015, approximately 1 year and 9 months after the accident. After the surgery, MB was unable to work and applied and received IRBs on February 17, 2016.

https://www.deutschmannlaw.com/blog/post/compromise-required-by-applicant-and-aviva-in-scheduling-ie-appointments