Author Archives: Admin4

New study: Traumatic brain injury causes intestinal damage

University of Maryland School of Medicine (UMSOM) researchers have found a two-way link between traumatic brain injury (TBI) and intestinal changes. These interactions may contribute to increased infections in these patients, and may also worsen chronic brain damage.

https://eurekalert.org/pub_releases/2017-12/uoms-nst120617.php

Chris Collins Comments on Globe & Mail Article about Insurance Assessment Firms and Accident Victim Reports

The Globe and Mail has written another article about abusive practices in insurer’s examinations. The article has the headline, “Insurance assessment firms altered, ghostwrote accident victim reports“. A couple of the problems the article covers, are assessors taking comments out of context, and picking and choosing what to put in a report. In quoting one injured person, the article states, “He said he felt Dr. Graham was ‘trying to give the insurance company a case… ignoring some things and putting attention to other things, and just taking stuff out of context. His findings were biased. There was no other way you could look at that.’”

https://www.siskinds.com/insurance-assessment-firms/

Ontario’s new medical centres: glorified DAC 2.0?

Ontario’s new system of independent medical exam centres for auto accident benefits claims, announced Tuesday, will need to be different from the designated assessment centres (DACs) that were abolished in 2006, a former DAC committee chair told Canadian UnderwriterWednesday.

https://www.canadianunderwriter.ca/insurance/ontarios-new-medical-centres-glorified-dac-2-0-1004124834/

PI lawyers critical of Ontario’s new car insurance plan

Ontario’s new “Fair Auto Insurance Plan” will leave accident victims without an advocate and at the mercy of insurance companies, say personal injury lawyers.

The government is aiming to deliver lower insurance premiums by allowing insurance companies to “bully” accident victims, says Darcy Merkur, a partner at Thomson Rogers in Toronto.

http://www.canadianlawyermag.com/legalfeeds/author/aidan-macnab/pi-lawyers-critical-of-ontarios-new-car-insurance-plan-15054/

Industry response to auto reform: Spotlight on fraud centre

Ontario’s move to establish a new Serious Fraud Office (SFO), which would help crack down on auto insurance fraud, is widely — if cautiously — praised as a step in the right direction by the province’s property and casualty industry.

https://www.canadianunderwriter.ca/legislation-regulation/industry-response-auto-reform-spotlight-fraud-centre-1004124800/

Flaws have emerged in new LAT

It has been just more than a year and a half since responsibility for adjudicating accident benefits disputes was transferred to the Licence Appeal Tribunal, which decides on claims and licensing regulations involving a number of provincial ministries.

http://www.lawtimesnews.com/author/shannon-kari/flaws-have-emerged-in-new-lat-15004/

Delay risks bringing civil justice system into disrepute

Public confidence in the civil justice system is being put at risk by the reaction to a landmark Supreme Court decision on criminal trial delays, says Barrie-area personal injury lawyer Steve Rastin.

Last summer, in R v. Jordan, the nation’s top court set hard deadlines for criminal matters to get to trial without risking dismissal for delay.

http://www.advocatedaily.com/steve-rastin-delay-risks-bringing-civil-justice-system-into-disrepute.html

Chronic Pain Assessment Reasonable and Necessary – Applicant v Aviva LAT 16-001934

This is a reconsideration of a decision made on March 15, 2017.  In that decision, I decided five issues in dispute. The wrong legal test was applied in considering one of the issues. I return to that issue in this decision to apply the correct legal test.

https://www.deutschmannlaw.com/blog/post/chronic-pain-assessment-reasonable-and-necessary-applicant-v-aviva-lat-16-001934

The Unprivileged Litigant: Who Is Protecting Their Interests?

Let’s talk about privilege – specifically, about the lack of privilege faced by tens of thousands across the province of Ontario who require affordable access to justice, but who are left alone to navigate the impenetrable maze that has become our present-day court system.

https://www.linkedin.com/pulse/unprivileged-litigant-who-protecting-interests-james-cooper/?platform=hootsuite

Defense Doctor Opinion Rejected After Finding He Acted As “Advocate”

In the December 6, 2017 case (Nagra v. Stapleton) the Plaintiff was involved in a 2014 collision that the Defendant admitted responsibility for.  Despite voicing some concerns about the Plaintiff’s credibility the Court accepted his medical evidence that he suffered injuries to his neck and low back as a result of the crash.

http://www.ilstv.com/defense-doctor-opinion-rejected-finding-acted-advocate/