Author Archives: Admin4

Applicant Clearly Meets CAT Designation

by Admin4

Ms. Bindu Patel was injured in a car accident on February 17, 2014 when she was driving to work. She was stopped and hit from behind causing her to crash into the car in front of her. She was taken to the hospital and diagnosed with soft tissue injuries, however shortly afterward her mental condition started to be affected and it deteriorated significantly to the point where she did not like to be alone, started hearing voices, and has been unable to return to work.  Ms. Patel sought SABs from Unifund, however when they were unable to resolve their disputes she applied to the FSCO for arbitration.

https://www.deutschmannlaw.com/blog/post/applicant-clearly-meets-cat-designation

Active/Passive Income not an IRB Consideration

by Admin4

In the recent LAT decision of A.S. and Economical Insurance (16-003197/AABS), Adjudicator Robert Watt held that an insurer is entitled to deduct post-accident income from a claimant’s business in determining an Income Replacement Benefit amount under the Statutory Accident Benefits Schedule (“SABs”).

http://www.millerthomson.com/en/blog/mt-insurance-law-blog/active-passive-income-not-irb-consideration/

Civil juries, the high-tech world and the presumption of impartiality | Patrick Brown

by Admin4

The right to a jury is a substantial right but not an absolute one. Many jurisdictions have abolished the civil jury trials altogether. Part of the difficulty is that it is far too costly to ensure jurors are impartial and not accessing information outside the courtroom.

https://www.thelawyersdaily.ca/articles/5654/civil-juries-the-high-tech-world-and-the-presumption-of-impartiality-patrick-brown?category=columnists

CRPS After a Collision

by Admin4

Complex Regional Pain Syndrome (CRPS) is a condition of chronic pain that is most often found in the limbs (arm or leg). This condition does not develop on its own, but rather after a serious injury such as an auto collision, surgery, or sometimes a stroke or heart attack. CRPS can be identified as separate from pain directly related to the injury or surgery alone because the pain is disproportional (and much more severe and persistent).

http://pickinguppieces.net/crps-after-a-collision/

Plaintiffs should own their legal expenses insurance policies

by Admin4
“Clients are the ones paying for the policy, and who will have the benefit of it if they lose their case, so they are the ones who should be listed on the certificate,” Robson says. “It’s really an issue of the protection of the public.”
When policies are issued to law firms on behalf of clients, it means clients are unable to make claims on policies themselves, and they could be denied coverage altogether if they decide to switch lawyers during the litigation process, he adds.
http://www.advocatedaily.com/thejudge—nick-robson-plaintiffs-should-own-their-legal-expenses-insurance-policies.html

BridgePoint Seeks Meaningful Change in Broken Auto Insurance System

by Admin4
To that end, we are pleased to announce that the BridgePoint Financial Group has retained the services of Ralph Palumbo of The Hillcrest Consulting Group, who, in association with Kelly Mitchell, provide extensive years of government relations experience in area of auto insurance policy and legislation. Ralph and Kelly provide strategic advice that support BridgePoint’s objectives and have assisted us in connecting with key government decision-makers and opposition members.
 
http://bridgepointfinancial.ca/blog/commentary/BridgePoint-Seeks-Meaningful-Change-in-Broken-Auto-Insurance-System.php

Psychological impairments place applicant outside MIG

by Admin4
 
Applicant v Motor Vehicle Accident Claims Fund (MVACF) LAT 17–000665, 2017 CanLII 76920 (ON LAT)
Decision Date: October 18, 2017
 
MINOR INJURY and ENTITLEMENT TO BENEFITS: Applicant falls outside of MIG due to psychological impairments; treatment plans were reviewed to determine which are reasonable and necessary:
 
https://www.deutschmannlaw.com/blog/post/psychological-impairments-place-applicant-outside-mig-applicant-v-motor-vehicle-accident-claims-fund-mvacf-lat-17-000665

Cars collect reams of information on owners

by Admin4
Though drivers may not realize it, tens of millions of American cars are being monitored…
https://www.pressreader.com/usa/the-washington-post/20180116/281496456692494

CPSO MD Dialogue magazine volume 13, issue 4

by Admin4

https://view.joomag.com/dialogue-volume-13-issue-4-2017/0381863001514999117?short

Civil Juries Under Ontario Rule 76 Simplified Procedure

by Admin4
Canadian Defence Lawyers (CDL) is pleased to be granted the opportunity to make submissions on the Ontario Rule 76 Simplified Procedure request for consultations on jury trials.
 
http://www.cdlawyers.org/doc/Front%20Page/CDL%20Letter%20on%20Civil%20Jury%20Trials%20Rule%2076%20Ontario%202016-final.pdf