The Court of Appeal, in the case of Dams v. TD Home and Auto Insurance Company, 2016 ONCA 4 (CanLII), has reminded us of the law with respect to unidentified automobile insurance coverage in Ontario, particularly as it pertains to an insured’s obligations with respect to same
Author Archives: Admin4
Retroactive Accident Benefits – Are They Available?
If you or someone dear to you was injured in a car, truck, ATV, snowmobile or motorcycle accident in Ontario, and an Application for Accident Benefits was not filed immediately with the insurance company: are retroactive benefits available?
http://oatleyvigmond.com/
Litigation protection products get more elaborate
Ontario courts are in the process of considering the security and treatment of “after- the-event” legal cost indemnities and insurance. These products allow litigants to protect themselves from the risk of a cost order, giving them the security to proceed to trial. They can also be provided as a blanket policy for a law firm that needs protection for its disbursements. While still relatively new in Ontario, a view is emerging that there is a duty on lawyers to advise clients of the availability of this protection.
http://www.lawtimesnews.com/
Law society zeroes in on lawyer advertising
Mercer says the rules used to be quite clear — no legal advertising at all — but adds that changed to address the public’s right to know what services they have available to them. The question he and his committee will have to address is how far has the pendulum swung and how to balance the public’s right of access to information against overzealous or unprofessional advertising.
http://www.lawtimesnews.com/
The book that exposes how the insurance system is set up to deny legitimate claimants
Updated and revised version of the book insurers don’t want you to read: “So You Think You’re Covered! The Insurance Industry Rip-Off” – new info on WSIB, claim denials, insurance assessment centres and insurer-hired medical experts
The updated version of my insurance expose, is out in a week. A whole new section (120 pages), with substantiated documentation and proof, has been added exposing how auto, accident and health insurers and the WSIB, with the Ontario government’s tacit approval, are set up to deny legitimate claimants and to get them to give up on their claim. Although the book still helps claimants through the process and provides guidance and advice, including on how to find a good lawyer, its purpose is to make the public aware of the fight they will face if in a serious accident. Insurers are more likely to pay out on “nuisance” or small fraud claims than pay for benefits for the seriously injured. Go to deniedbenefitclaims.com for more info on this new version of the book.
Jokelee Vanderkop
Disputed Ontario auto claim over denial notice could reach Supreme Court of Canada
Allstate Insurance Company of Canada is applying, to the Supreme Court of Canada, for leave to appeal a ruling arising from a notice denying benefits to an Ontario auto claimant. Court records indicate that Allstate essentially contends that the two-year limitation period in Ontario started when the denial of benefits notice was sent to a claimant, not when the claimant received a copy of a neurologist’s report on which that denial of benefits was based.
Truck turns right from the left lane, hits car: who is at fault?
If the car was already occupying the right lane and the tractor trailer turned into it, then the trucker is entirely at fault, as per fault determination rule 10(4). The long vehicle is allowed, under Section 141(9) HTA, to make its right turn from the left lane — but only when safe to do so.
Ontario Needs To Do More About Doctors Who Abuse Patients
This persistent problem has eroded public trust in doctor self-regulation. But now both the college and the province are poised to make long-overdue improvements in this area. The college recently proposed several reforms, while the government has appointed a task force to examine patient abuse.
http://www.huffingtonpost.ca/
Ontario investigates company for not salting GTA highways after 20 accidents reported during storm
TORONTO — A company already facing $900,000 in fines for failing to clear Ontario highways in 2014 is under investigation again by the Ministry of Transportation after a series of accidents in Peel and Halton regions on New Year’s Day.
Personal Injury Law and Making A Murderer: Similarities and Differences
Having got hooked on Serial, I proceeded to get hooked on the recent documentary “Making a Murderer” on Netflix. The documentary, filmed over 10 years or so tells the story of Steven Avery and his nephew Bobby Dassey, who were accused and later convicted of murder along with other charges.