Author Archives: Admin4

Time to eliminate civil jury trials

The time has come to scrap jury trials in civil matters, says Toronto critical injury lawyer John McLeish.

“The jury system has outlived its usefulness,” McLeish, a partner with McLeish Orlando LLP, tells AdvocateDaily.com. “Trials take longer, they’re more expensive, and the results are more uncertain.”

The vast majority of civil jury trials involve personal injury matters, McLeish says, and it is insurers who almost always elect trial by jury.

http://www.advocatedaily.com/john-mcleish-time-to-eliminate-civil-jury-trials.html

DAS Canada Launches Final Video in “What’s Your Story?”

Toronto, Jan. 23, 2018 /insPress/ – What can Legal Expense Insurance do for you? Legal Expense Insurance (LEI) helps small business owners all over Canada with their legal issues, empowering them to defend or pursue their legal rights and get back to business.

https://www.canadianunderwriter.ca/inspress/das-canada-launches-final-video-whats-story/

2018 Pre-Budget Consultations

The Minister of Finance will be hosting pre-budget consultations and telephone town halls with stakeholders across the province in the upcoming year.

https://www.fin.gov.on.ca/en/consultations/prebud/

Applicant is not forthright – testimony not reliable – IRBs denied – TT v Certas LAT 16-003055

Mr. TT was injured in a car accident on October 14, 2014. He applied to Certas SABs. Certas initially approved medical benefits and began paying him an IRB.  Certas then declined to approve more treatment on the basis that Mr. TT reached the $3,500 treatment limit for soft-tissue injuries, and terminated the IRB as of March 6, 2015. Mr. TT applied to the LAT.

https://www.deutschmannlaw.com/blog/post/applicant-is-not-forthright-testimony-not-reliable-irbs-denied-tt-v-certas-lat-16-003055

INSURER’S ACTIONS SHAMEFUL

Re “Shameful attempts by auto insurer to fight paying a teen with catastrophic injury” (Michele Mandel, Jan. 18): Ontario’s auto insurance coverage has become a scandal — far too many injured car accident survivors are unable to access the recovery resources they need. We pay the highest premiums in Canada and yet insurers continue to deny claims, even to those as injured as this young lady was. It’s outrageous and we should all be concerned that this could happen to someone we love or someone we injure. Either way, we aren’t paying premiums so insurers and their lawyers can harass and intimidate Ontario’s injured or disabled citizens. Michele Mandel’s column tells us that this shameful behaviour is reason enough to not leave insurers in charge of fraud investigations when it’s clear they cannot be trusted in a position of power. Aviva’s apology is too little, too late and evidence that greater oversight and regulation of the insurance industry should be a priority for our government.
RHONA DESROCHES, CHAIR. FAIR ASSOCIATION OF VICTIMS FOR ACCIDENT INSURANCE REFORM
(Agreed)

http://torontosun.com/opinion/letters/letters-to-the-editor-jan-21

Ontario Acts on Marshall Report with New Changes to Auto Insurance

The Ontario government announced its latest round of changes to automobile insurance, called the Fair Auto Insurance Plan. This follows on the heels of the report by David Marshall, Ontario’s advisor on auto insurance, who released a report in April 2017 outlining a number of suggestions for modifying Ontario’s auto insurance regime.

https://www.lexology.com/library/detail.aspx?g=99a59a05-3785-4b86-a43f-1d39f21224fc

Ontario’s tough distracted driving laws one step closer to taking effect

New rules that will mean automatic driver’s licence suspension for convicted distracted drivers in Ontario will soon take effect after receiving Royal Assent, 680NEWS has learned.

“The law has been passed — it’s now just a matter of time,” Toronto police Const. Clint Stibbe told 680 NEWS on Monday.

http://toronto.citynews.ca/2018/01/15/ontario-distracted-driving-laws/

Judge blasts lawyers over $3,500 dispute

An Ontario judge has criticized the conduct of two personal injury lawyers as “shameful” in a dispute over less than $3,500.

In Cozzi v. Sidiropoulos, lawyer Peter Cozzi brought a claim against Joseph Sidiropoulos, alleging he had failed in an undertaking to protect his account after the transfer of a file, as he had not paid the account. A client had retained Sidiropoulos to take over an action in which Cozzi had previously represented the client.

http://www.lawtimesnews.com/author/alex-robinson/judge-blasts-lawyers-over-3500-dispute-15223/

Medical Malpractice Lawsuit is barred for being commenced too late

Pursuant to the Limitations Act, there is a two-year limitation period for commencing a civil suit, beginning from the point the claim was discovered.  In most cases, the two-year period begins from the date the person was injured in an accident, but may be extended if a person did not realize they had grounds to make a claim against the negligent party until past this date.

https://www.ilolaw.ca/blogpost/plaintiffs-negligence-lawsuit-is-barred-for-being-past-limitation-period

ABI Recovery Magazine

The mission of ABI Recovery Magazine™ (a digital eZine) is to promote and help those who help survivors and their families heal and recover to their fullest potential from Acquired Traumatic Brain Injury and/or Brain Stroke. We aim to bridge the knowledge gap and provide an outlet of information and connect survivors and professionals to services available today in Canada ….’but with a global reach’. ARM already, in its first year has subscribers all over the world.

http://pickinguppieces.net/abi-recovery-magazine/