Safety gadgets mounted on today’s slick new vehicles are creating headaches for insurers when it comes to the severity of auto insurance physical damage claims.
Author Archives: Admin4
Should Ontario overhaul how it charges drunk drivers?
The head of Mother’s Against Drunk Driving is calling on the Ontario government to overhaul how it charges people caught driving drunk and to implement partial decriminalization, a change the province appears open to considering.
http://www.cbc.ca/news/canada/
What Happens When Airbags Maim
Airbags have been one of the most important safety developments for motor vehicles, saving thousands of lives and preventing catastrophic injuries. But at times airbags can maim and kill.
Breaking down barriers to the disability tax credit
Disability income supports should be designed to provide benefits and not create burdens for eligible recipients. Unfortunately, this is not the reality when it comes to one of the main benefits open to Canadians with disability: the federal disability tax credit (DTC).
How To Better Understand Your Long Term Disability Policy
You’re injured and looking for long term disability insurance coverage.
You’ve requested a copy of the LTD policy and summary plan from your employer.
You begin reading but are having a hard time understanding the pages and pages of legal jargon, set deadlines and list of exemptions.
http://contelawyers.ca/better-
First-of-its-kind study examines ‘institutional betrayal’
When Allison Kooijman learned that an advanced cancer her doctors diagnosed her with was not spreading at all, she didn’t celebrate. Instead, she sank into a deep depression.
The Vernon, B.C. woman had undergone extensive surgery to remove 30 lymph nodes from her neck to try to arrest the thyroid cancer. But it turned out that most of those nodes didn’t need to come out at all, as tests after her surgery showed they were all perfectly healthy.
https://www.ctvnews.ca/health/
WSIB is using the minimum wage to cut injured worker benefits Government must step in to prevent disaster
On January 1st, Ontario delivered a long overdue increase to minimum wage – a move that is justifiably being celebrated by workers across the province. However, there is one group of particularly vulnerable workers who, because of heavy handed measures by the province’s compensation board, will be hard hit by the change – those who have been permanently injured on the job.
Cruz v. Saccucci, 2017 ONSC 7737 (CanLII)
Corrected Decision: A short style of cause and neutral citation number was added for publishing purposes on December 28, 2017.
December 28, 2017: CITATION: Cruz and Cruz v. Saccucci, 2017 ONSC 7737 was added.
[7] The surreptitious recording of the examination was improper. The effect of this recording is the doctor would now, most likely, be subject to cross-examination on issues as to what exactly happened in the course of the examination. The evidence of the plaintiff is also relevant. Mr. Cruz may be examined or cross-examined on the transcript. If the doctor was aware of the recording, he may have conducted his examination a different way. He may have been clearer in the language used. He may have been more specific is instructions given to the plaintiff. Much of the communication that goes on is nonverbal. The doctor was denied an opportunity to ensure that his words and conduct were being accurately recorded.
[8] The defendant has now been placed in the position that the evidence of her expert may be undermined. In any event, there is an additional layer added to the testimony of the plaintiff and the doctor.
[9] The defendant’s expert is required to execute his acknowledgement of duty. He has a duty to the court. The defendant is entitled to expect that her experts will provide the court with his or her opinions relevant to the issues in this proceeding. The issues in this proceeding are the damages suffered by the plaintiffs as a result of the motor vehicle accident. It is unfair to the defendant to have her expert potentially compromised based on some improper conduct on the part of the plaintiff.
MVA threshold changes harder for plaintiffs?
Recent changes to the threshold for motor vehicle accident claims are changing the landscape that can put parties at a disadvantage when it comes to trying to settle cases. At the same time, some juries, particularly those in Toronto, are assessing damages at less than the deductible, meaning that plaintiffs can walk away from court with nothing.
http://www.lawtimesnews.com/au