Author Archives: Admin4

Persampieri v. Hobbs: Car Insurance Law in Ontario encourages insurers to play hardball and do this sort of thing…

A costs endorsement in the case of Persampieri v. Hobbs was just released by the Honourable Justice Sanderson after a three week jury trial of a car accident case.

This costs endorsement reflects everything that’s wrong with car accident law in Ontario.

https://www.torontoinjurylawyerblog.com/2018/01/persampieri-v-hobbs-car-insurance-law-ontario-encourages-insurers-play-hardball-sort-thing.html

New Developments in Adverse Cost Insurance

Many insurers and defence counsel are now aware of the growing use of adverse cost insurance, also known as “after-the-event” insurance (“ATE insurance”), in personal injury litigation. This insurance is typically a policy purchased by a plaintiff in a lawsuit to provide protection in the event of a judgment for costs against the plaintiff if they are unsuccessful at trial. The previous year saw a number of new decisions that discussed both the potential recoverability of the insurance premium as a disbursement and whether the policy itself is producible in the course of litigation.

http://www.millerthomson.com/en/blog/mt-insurance-law-blog/new-developments-adverse-cost-insurance/

Failure to keep good records and to show worsening of quality of life lead to denial of claims

NR was injured in a car accident on March 21, 2013 when a someone made a left turn in front of his vehicle leading to a crash. NR applied for and received an ACBs under the SABs from Pembridge. NR is appealing the stoppage of the ACB, and denials of a NEB, and medical benefits for dental services, and a TMJ assessment.

https://www.deutschmannlaw.com/blog/post/failure-to-keep-good-records-and-to-show-worsening-of-quality-of-life-lead-to-denial-of-claims

Preparing for a Neuropsychological Assessment

If a Neuropsychological Assessment is recommended after your collision, there are some things you can do to help prepare.  Firstly, remember this is not an exam or a test.  You do not need to study for this assessment.   This assessment may be referred to you from your family physician or an insurance company.

http://pickinguppieces.net/neuropsychological-assessment/

HANLON: Medical pot patients plan protest at finance minister’s office

Medical cannabis patients who use the plant to treat conditions ranging from eczema to cancer are coming together this Friday from 10 a.m. to noon in front of Finance Minister Bill Morneau’s downtown Toronto constituency office at 430 Parliament St., to call out the government’s proposed plan to increase the already unfair and burdensome tax on medical cannabis.

http://torontosun.com/news/local-news/hanlon-medical-pot-patients-plan-protest-at-finance-ministers-office

Civil juries: Gambling in a new age | Patrick Brown

What happens at the end of a jury case would not matter so much if we ensured that jurors were screened for bias at the beginning. Unfortunately in Ontario and other Canadian jurisdictions we have no real mechanism to do that. In Ontario, the Juries Act allows challenges based on eligibility (citizenship, criminal record, age) or a personal interest in the action. But as to whether a juror is “impartial or biased” there is no mechanism to weed them out. Under s. 108 of the Courts of Justice Act, the judge may discharge a juror on grounds of “illness, hardship, partiality” but partiality is not defined nor is a process in place to determine such.

https://www.thelawyersdaily.ca/articles/5718/civil-juries-gambling-in-a-new-age-patrick-brown?category=columnists

The definitive guide to auto insurance savings in 2018

Canadians pay too much for auto insurance. To help rectify this issue we’ve compiled a list of 40 ways drivers can reduce the cost of their premiums. Not all recommendations will be applicable to all drivers, but there is something here that will help almost any motorist pay less. Read on to learn how you can save on your auto insurance policy.

https://www.insurancehunter.ca/blog/definitive-guide-auto-insurance-savings-2018

Collision Staged – Not An Accident – MD v Intact LAT 17-000532

WAS APPLICANT IN ACCIDENT: applicant’s evidence contains very many inconsistencies; applicant fails to call own expert witness; applicant fails to show that incident is an accident; expert testimony regarding collision differs greatly from the applicant’s evidence

https://www.deutschmannlaw.com/blog/post/collision-staged-not-an-accident-md-v-intact-lat-17-000532

Opioid Prescribing in Ontario

Despite the increasing numbers of opioid-related deaths and the growing prevalence of opioid addiction, the total number of prescriptions filled in Ontario continues to rise.

http://www.hqontario.ca/System-Performance/Specialized-Reports/Opioid-Prescribing

Proceed with caution when prescribing opioids, Ontario government agency urges doctors

An Ontario government agency is urging the province’s doctors to be mindful of prescription strength and length when putting patients on a new course of opioids.

http://www.cbc.ca/news/canada/toronto/caution-opiods-prescribing-doctors-addiction-1.4502731