Author Archives: Admin4

What the court thinks of secretly recorded medical exams

A plaintiff in a motor vehicle bodily injury lawsuit should not have secretly recorded a medical exam conducted by a doctor hired by the defendant, an Ontario court ruled last week.

https://www.canadianunderwriter.ca/insurance/court-thinks-secretly-recorded-medical-exams-1004125790/

What happens if my spouse or boss refuses to give evidence at trial?

A common issue in personal injury claims that clients raise is how their close relatives or co-workers will be involved in their lawsuit. A close relative can sometimes bring a claim pursuant to the Family Law Act which has its own set of risks and rewards that should be discussed with a lawyer. This article is going to focus on those who do not bring a Family Law Act claim.

http://otlablog.com/happens-spouse-boss-refuses-give-evidence-trial/

Applicant Fails to Take Reasonable Steps to Determined Information – Limitation Period Expired – Ms. Pashkiewich v. City of Toronto

Ms. Pashkiewich brings this motion to add Pave-Tar Construction Ltd. as a defendant to this action after the expiry of the putative limitation period.  Pave-Tar opposes the relief sought. Ms. Pashkiewich relies on section 5(1)(b) of the Limitations Act, 2002, S.O. 2002, c.24, Schedule B to argue that the limitation period did not begin to run until 8 September 2017, the date the City of Toronto advised her lawyer that the City had a winter maintenance contract with Pave-Tar.  She argues that she did not discover the existence of Pave-Tar or its potential role until that date and could not have discovered the identity of Pave-Tar with reasonable diligence before that date.

https://www.deutschmannlaw.com/blog/post/applicant-fails-to-take-reasonable-steps-to-determined-information-limitation-period-expired-ms-pashkiewich-v-city-of-toronto

Is a Bad Lawyer a Bad Person?

Law and morality are distinct. As a consequence, lawyers sometimes represent bad people, and sometimes help people do bad things. There is thus a legitimate question about whether being a lawyer is consistent with an ethical life. Nonetheless, Fried answered his question “yes”. Because of the law’s legitimacy and justification, a lawyer who assists people to pursue their goals and interests through the law can be – is – a good person. She does a job worth doing.

http://www.slaw.ca/2018/01/03/is-a-bad-lawyer-a-bad-person/?utm_content=bufferd767c&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer

2017 another terrible year for road safety

It has been four months since the collision that killed her partner, but only now is Ashley Henderson coming to grips with the scale of her loss.

“When someone’s ripped away from you like that, that quickly, you don’t have time to begin the grieving process,” she said.

https://www.thestar.com/news/gta/transportation/2017/12/21/2017-another-terrible-year-for-road-safety.html

He suffered a horrific head injury and spent months in hospital. Then his former girlfriend whisked him off in secret and married him, giving her legal rights to his wealth. Not so fast, judge rules

In October 2011, three days after leaving hospital with what doctors described as a wasted, shrunken brain, the 50-year-old was “spirited away” by a former girlfriend for a secret wedding, giving her legal rights to his future wealth, such as his growing landscape business and home value, as well as access to his expected $1-million personal injury settlement. Kathleen Anne Worrod (also known as Katheleena) could not be reached for comment.

https://www.thestar.com/news/canada/2018/01/06/he-suffered-a-horrific-head-injury-and-spent-months-in-hospital-then-his-former-girlfriend-whisked-him-off-in-secret-and-married-him-giving-her-legal-rights-to-his-wealth-not-so-fast-judge-rules.html

Private concussion clinics called a ‘Wild West’ of unregulated treatment

Volunteer neurosurgeons staffing a concussion hotline 24 hours a day?

That was the headline reported in the Toronto Star, CBC, CTV, and major newspapers in B.C., Alberta, Saskatchewan and Ontario in early September.

http://www.cbc.ca/news/health/concussion-hotline-baseline-testing-treatment-industry-for-profit-unregulated-1.3833158

Increasing Form 1 Rates Equals LESS CARE for Injured People in Ontario

If you are injured in a car accident you may need care.  This is time other people will spend helping you manage the most basic activities – getting dressed, showering, taking medication, being safe in your home, etc.  The monies you have available for this care is calculated through a document completed by an Occupational Therapist (or a nurse).  It is actually pretty simple – an occupational therapist does an assessment, calculates the amount of care, and that is the care that can be provided. 

http://solutionsforliving.ca/2018/01/increasing-form-1-rates-equals-less-care-for-injured-people-in-ontario/

Having a full discussion with voters about Ontario automobile insurance pricing

A provincial election in Ontario is expected to take place within the next six months. In the lead up to that election, it is a safe bet that all three parties will make a number of promises as to how they will reduce the cost of automobile insurance if the election goes their way. Indeed the process has already begun. A spokesperson for the Progressive Conservative party recently stated, ‘Geographic discrimination should be eliminated while not raising rates on other parts of the province.’ Not to be outdone, a spokesperson for the NDP stated that the party ‘will end discriminatory insurance rates that hit low-income people the hardest’. When asked to identify rates that are considered discriminatory, the spokesperson replied that the party was not making any platform announcements that day.

https://www.insblogs.com/auto/full-discussion-voters-ontario-automobile-insurance-pricing/8049

Insurance assessment firms altered, ghostwrote accident victim reports

Globe investigation finds billion-dollar companies that are paid by auto insurers hire doctors to assess accident victims in a process called independent medical evaluations, and then edit and package those medical reports. In some cases, arbitrators and judges have rejected the assessment reports because the companies altered the medical professionals’ opinions in the insurer’s favour.

https://www.theglobeandmail.com/news/investigations/insurance-assessment-firms-altered-ghostwrote-accident-victim-reports/article37193127/