Author Archives: Admin4

Surreptitious recording of IME warrants a re-do

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.

https://allaboutinformation.ca/2018/01/03/surreptitious-recording-of-ime-warrants-a-re-do/

Ontario’s ‘fair’ auto insurance plan fails to address systemic imbalance for victims

The Ontario government introduced its Fair Auto Insurance Plan at the beginning of December “to promote better care of accident victims and affordable rates for drivers.” The plan is based on recommendations made by David Marshall, whom the government hired to review the auto insurance scheme and make recommendations for its improvement.

https://www.thelawyersdaily.ca/articles/5566/ontario-s-fair-auto-insurance-plan-fails-to-address-systemic-imbalance-for-victims

IBC supports systemic change for Ontario auto insurance

Marshall’s description of the problem as “dueling assessments” captures how the current system in Ontario is costly and time-consuming for everyone. Marshall further observes that the current system does not benefit consumers and undermines public confidence in the objectivity of the claims processes.

https://www.insblogs.com/auto/ibc-calls-systemic-change-ontario-auto-insurance/8038

2018 Automobile Insurance Legislated and Regulatory Adjustments and Optional Indexation Rates Under the Statutory Accident Benefit Schedule

In accordance with subsections 268.1 (1) and 268.1 (3) of the Insurance Act (the Act), the indexation percentage and revised deductibles/monetary amounts applicable to the 1993 SABS will appear in a forthcoming edition of The Ontario Gazette. Subsection 267.5 (8.5) of the Act also requires the publication in The Ontario Gazette of the revised monetary thresholds for the application of the tort deductible before January 1.

http://www.fsco.gov.on.ca/en/auto/autobulletins/2017/pages/a-05-17.aspx

How to Save on Auto Insurance

The price you pay for auto insurance varies based on the insurance company you select. Don’t assume companies charge the same price for the exact same benefits. By shopping around you may be able to find a lower rate based on your insurer’s claims experience for your risk characteristics, how it rates you as a driver, and the competition it faces. Be a comparison shopper. Talk to your friends and neighbours. Make some phone calls and check websites for on-line quotes. Do your shopping well in advance of when your current policy expires.

http://www.fsco.gov.on.ca/en/auto/brochures/Pages/brochure_shoparound.aspx

Medical Marijuana for your Personal Injury or Long Term Disability Cases (Ontario)

Here are three cases where Arbitrators at the Financial Services Commission of Ontario (FSCO) have ordered that large insurance companies pay for an injured accident victim’s marijuana expenses out of their accident benefit claim. We are reviewing these cases to give our Toronto Injury Lawyer Blog readership some insight on what circumstances Courts will order that medical marijuana expenses be paid by insurance companies, along with some figures as to how much was awarded. Note, these cases arose from car accidents which took place in 2007, 2009 and 2000! Medical marijuana in Courts is not a new thing.

https://www.torontoinjurylawyerblog.com/2018/01/medical-marijuana-personal-injury-long-term-disability-cases-ontario.html

8 Pieces of Advice after surviving a collision

You have been in a collision, you have injuries and you need advice. Perhaps you may be able to walk away and speak with police directly or you may be taken to a trauma hospital. Either way, you need to speak with a personal injury lawyer as soon as possible.  If you cannot contact a lawyer due to your injuries, ask a family member to make contact.

http://pickinguppieces.net/advice-after-collision/

Applicant Fails to Link Lowered GCS Score to Brain Impairment As A Result Of Accident – EW v Primmum LAT 16-003891


EW was injured in a single vehicle accident on May 3, 2015, when he drove his car into a tree. He had been drinking and blood tests later showed an alcohol level almost three times the legal limit for driving. When paramedics arrived on the scene EW communicated with them but seemed somewhat confused. They applied a test to EW to determine his level of mental impairment, the GCS, and marked him as 13 out of a maximum score of 15. At no time did his GCS fall below 13 until he was intubated and anesthetized for surgery.

https://www.deutschmannlaw.com/blog/post/applicant-fails-to-link-lowered-gcs-score-to-brain-impairment-as-a-result-of-accident-ew-v-primmum-lat-16-003891

Fair Auto Insurance Reform

The Province of Ontario has released its plan to reform Ontario’s auto insurance scheme in an attempt to control costs. They have been struggling to meet the reductions in premiums they promised band with the election around the corner action needs to happen soon. Their plan based on recommendations from a report released this past summer (see my blog post on the recommendations of the report) was released this month.

https://www.deutschmannlaw.com/blog/post/fair-auto-insurance-reform

Is Ontario’s Fair Auto Insurance Plan another vote grab pledge?

While the Ontario Liberal government has received praise for its plan to tackle auto insurance premiums, including the creation of a dedicated fraud team. However, others have cast doubt on the government’s intentions, suggesting this is just another election ploy to win votes.

https://www.shopinsurancecanada.ca/blog/news/is-ontario-s-fair-auto-insurance-plan-another-vote-grab-pledge/