Author Archives: Admin4

For Want of Jurisdiction

The Court of Appeal for Ontario recently handed down its latest views regarding when an Ontario court can assume jurisdiction over a non-resident defendant. On September 9, 2015, a five-panel court dismissed the plaintiff’s appeal from a stay of proceedings in Forsythe v. Westfall, issued in February by Ontario’s Superior Court of Justice.

http://www.canadianunderwriter.ca/news/for-want-of-jurisdiction/1003927623/?type=Print%20Archives

Can a pedestrian be liable for being injured in an auto accident?

Did you know that in our province in 2013, more than 4000 pedestrians were injured in road accidents? Tragically, 91 of those pedestrians lost their lives in these accidents.

Unfortunately, as long as there are vehicles on the road, there will always be a danger to pedestrians. But is a driver always liable for causing injuries? Is a pedestrian always cleared of fault?

http://www.vandykelaw.ca/2015/12/can-a-pedestrian-be-liable-for-being-injured-in-an-auto-accident/

PTSD and Catastrophic Injury

According to the Oxford Medical Dictionary, the onset PTSD occurs at least one month after the traumatic experience. PTSD victims report flashbacks, nightmares, and anxiety. PTSD victims also engage in avoidance behaviors. For example, motor vehicle accident victims often develop PTSD in the form of driving anxiety. Occasionally, the anxiety is so severe that these individuals avoid all forms of motor vehicle transportation.

http://oatleyvigmond.com/ptsd-and-catastrophic-injury/#.VmcTAfnBwdU

Ontario passes patch-for-patch law to crack down on abuse of pain killer fentanyl

Fentanyl is a powerful opiate that usually comes in transdermal patches that slowly release 72 hours worth of medication through the skin, but its abuse by people looking to get high has soared since 2009.

http://news.nationalpost.com/news/canada/ontario-passes-patch-for-patch-law-to-crack-down-on-abuse-of-pain-killer-fentanyl

The Truth About Auto Insurance – The Denied Files

Legislation doubling fines for medical privacy breaches before Ontario legislature


A bill before the Ontario legislature proposing to require health care providers to report privacy preaches to the province’s information and privacy commissioner got some support last week by politicians from the opposition benches.

Claimant hits grand slam at FSCO hearings

A November 30, 2015 Law Times article titled “Arbitrator orders rare special award against insurer” reports on an unusual FSCO case between Thomas Waldock and his auto insurer. The case not only highlights the constant risks associated with relying on insurer examinations to deny serious claims, but also demonstrates how dangerous it can be to take a matter to arbitration without having sufficient evidence to support a position.

http://www.insblogs.com/auto/claimant-hits-grand-slam-fsco-hearings/6106

Attendant Care Moves into the Digital Age

In recent years, the Ontario legislature has slowly eroded accident victims’ access to Attendant Care benefits available under the Statutory Accident Benefits Schedule (SABS). Since 2010, an accident victim must either hire a professional caregiver or prove that his/her attendant has incurred an economic loss – such as lost income – while providing attendant care. Both requirements are fraught with complications. When attendant care in the form of supervision, emotional support, and intermittent assistance is required, it is difficult to hire a professional specifically for that purpose. Furthermore, family members who fill this role may find it difficult to prove a concrete economic loss.

http://otlablog.com/attendant-care-moves-into-the-digital-age/

Liberal cuts to Accident Benefits will hurt Ontario’s most vulberable

Jagmeet Singh, NDP Deputy Leader and Consumer Services critic, presented a petition against the Liberal government’s proposed changes to accident benefits.

 

Gross earned premiums down 4.8% at Toronto Dominion Bank

In a note to its financial statement, TD reported its P&C business “is mostly concentrated in Ontario” with 59.0% of net written premiums in the year ending Oct. 31, 2015. The western provinces represented 28.8% of premiums, followed by the Atlantic provinces with 6.3% and Quebec with 5.9%.

Across all insurance lines, TD reported net earned premiums of $3.329 billion in 2015, compared to $3.567 billion in 2014.

http://www.canadianunderwriter.ca/news/gross-earned-premiums-down-4-8-at-toronto-dominion-bank/1003925766/?&er=NA