It’s a common misconception that the IRB covers 100% of your wages. It doesn’t. It also doesn’t kick in until 7 days after the accident. And just because you’ve been involved in a car accident, doesn’t automatically entitle you to an income replacement benefit. There are a variety of medico-legal tests which need to be met. In addition, you need to prove with real concrete evidence that you were gainfully employed in the 52 weeks prior to the accident and earning an income (not unreported cash income).
Author Archives: Admin4
BC Court of Appeal Addresses Threshold in Proving Psychological Injury Claim
In today’s case (Saadati v. Moorhead) the Plaintiff was involved in a collisions and sued for damages alleging brain injury. The trial judge rejected this claim but found that the Plaintiff “was a “changed man” after the accident” and awarded $100,000 in non-pecuniary damages for a psychological injury. THe BC Court of Appeal overturned the judgement and dismissed the claim finding the test of proving “a recognizable psychiatric (or psychological) condition” was not met.
Ontario doctor’s suit claims pattern of fraud at workplace safety board
An Ontario doctor is suing the province’s workplace insurance plan and her employer, claiming both conspired to try to force her to change her medical opinion about a worker injured on the job in order to save money on the claim.
Ontario must shape up home care system, auditor general says
Out of hospital health care affected by differing patient experiences and inconsistent pay rates
The report, released Wednesday morning by Auditor General Bonnie Lysyk, highlights the rising costs and discrepancies in treatment with services provided by the province’s Community Care Access Centres – which are the central gateways for accessing publicly-funded home care – and third parties.
http://www.cbc.ca/news/canada/
ICBC Punished 25% for Unproven Fraud Allegation
In today’s case (Gupta v. Doe) the Plaintiff was involved in three separate collisions and sued for damages. At trial the Plaintiff was awarded just over $43,000. Prior to trial ICBC made several formal offers, the first at $90,000 and the last at $164,000.
http://bc-injury-law.com/blog/
Auto insurance rates vary wildly across Toronto: data
White said when insurance companies assign a premium, they look for drivers with a similar driving history and age among other factors. Companies can’t ask about ethnicity and can’t use your credit history or employment status, and they don’t know where you drive.
Appeal court upholds rejection of claim over statements on lawyer’s web site
The case, Frank v. Legate, dealt with six statements posted on posted on the web site of lawyer Barbara Legate’s firm, Legate & Associates LLP, as well as a seventh statement on the CTV news web site, about civil and disciplinary action against Dr. Cathy Frank.
Doctor tried to foil patients’ lawsuits, appeal court says
A physician was seemingly trying to thwart malpractice lawsuits from 60 patients when she attempted to sue their two lawyers for defamation, Ontario’s top court says.
2015 BACK TO SCHOOL CONFERENCE – great presentation on the new legislation
Government changes to the automobile legislation in Ontario will dramatically reduce available funding for the treatment of seriously injured survivors of motor vehicle accidents.
Darcy Merkur, partner at Thomson Rogers and Ryan Murray, partner at Oatley Vigmond provide some insight on the upcoming Accident Benefits and Tort changes. Presented at the 2015 Back to School Conference with PIA Law and Toronto ABI Network on September 10th.
The Coming Changes to Ontario Auto Legislation: https://t.co/UmZD
Toronto’s most expensive car insurance found in areas of North York
The cost of having a car in the city can add up – from parking, to gas, and of course, insurance. But, where you live in the city can make a big difference in premiums, and in some cases almost a 50 per cent difference.