Author Archives: Admin4

Appropriate Opioid Prescribing

Canada is in the midst of an opioid crisis, with escalating overdose deaths in multiple provinces and the second highest rate of opioid prescribing/use per capita in the world. Like all health-care regulators around the globe, we are deeply concerned about the devastating impact on patients and communities.

http://www.cpso.on.ca/Policies-Publications/Positions-Initiatives/Appropriate-Opioid-Prescribing

Jamieson v. Kapashesit et al, 2017 ONSC 5784 (CanLII)

http://canlii.ca/t/hms20

Introduction

 

[1]               On the morning that this trial was to have commenced, the Abitong et al defendants brought this motion, among other motions, to compel production of an adverse costs insurance policy (“ACP”) that provides potential benefits to the plaintiffs. In accordance with the reasons that follow, the motion is dismissed.

Background

[2]               This action was brought as a result of injuries alleged to have been suffered by the plaintiff, Tina Jamieson, following a rear-end motor vehicle collision that took place on December 16, 2011.

[3]               Liability and damages are in dispute.

[4]               The plaintiffs have advised the defendants as to the existence of such insurance coverage for the plaintiffs as well as the amount of such coverage. The plaintiffs have refused to provide a copy of the insurance policy itself for inspection for the reasons that follow.

Insurer ordered to pay plaintiffs’ entire legal bill

A Toronto lawyer says insurers should factor in the risk of additional expenses when denying coverage after a judge awarded two plaintiffs full indemnity costs following their success in court.

In Hoang v. The Personal Insurance Co., Ontario Superior Court Justice Edward Morgan ordered the insurer to pay the plaintiffs’ entire legal bill of $72,000 after concluding the company was liable for amounts awarded against its insured in favour of the accident victims at a separate trial.

https://www.lawbreakingnews.com/2017/11/insurer-ordered-to-pay-plaintiffs-entire-legal-bill/

Could Judge Decide MVA Case on “Geometry Alone”?

In a recent Ontario case, the driver of the first car (the “First Driver”) was hit from behind by the driver of the second car (the “Second Driver”), who suffered injuries and sued for damages.  As the court explained, this permutation is somewhat uncommon:

http://www.vandykelaw.ca/2017/11/could-judge-decide-mva-case-on-geometry-alone/

Auto insurance rates rising as companies blame costs of accident claims

New Brunswick drivers can expect to see higher bills for car insurance beginning as early as next week, as insurance companies begin to respond more aggressively to escalating accident claims in the province.

http://www.cbc.ca/news/canada/new-brunswick/nb-auto-insurance-1.4399506

Law Society recommendations take aim at ‘You don’t pay unless we win’ cases

Ontario’s lawyers will have to become a lot more transparent when they take a case on contingency — you don’t pay unless we win — and a lot more straightforward in their communications with clients.

https://www.thestar.com/news/canada/2017/11/10/law-society-recommendations-take-aim-at-you-dont-pay-unless-we-win-cases.html

What is Tort Law? Part 2: Unintentional Torts

In part 1 of our 2-part series, we told you all about intentional torts. Now, we’re going to go over what you need to know about the other type of tort claim: unintentional torts.

Unintentional tort claims are the more common type of tort claim that we deal with as personal injury lawyers. That’s because accidents happen, and often these accidents are caused by someone’s negligence.

http://contelawyers.ca/canadian-tort-law-part-2-unintentional-torts/

Ontario court finds disability claim was time-barred

Ontario lawmakers should force insurers to notify claimants of the limitation period to challenge denials after the province’s appeal court ruled companies that fail to provide such a warning do not breach their duty of good faith to customers, according to a Kitchener, Ont. personal injury lawyer.

http://www.lawtimesnews.com/author/michael-mckiernan/ontario-court-finds-disability-claim-was-time-barred-14910/

Why the history of poverty keeps repeating itself: Cohn

Nearly 1 million Ontarians are on social assistance, but you wouldn’t know it from the lack of attention they get.

Yes, that’s an enormous number of people. No, it doesn’t translate into 1 million votes.

Low-income people tend toward lower election turnouts, poor children aren’t voters, and welfare families can’t afford campaign donations. But the bigger reason why poverty remains a low priority for politicians is the cost — political and fiscal.

https://www.thestar.com/news/queenspark/2017/11/10/why-the-history-of-poverty-keeps-repeating-itself-cohn.html

LSUC to consider changes to contingency fees

A cap on contingency fees is currently off the table for the Law Society of Upper Canada.

The provincial regulator released a number of proposed changes to contingency fee rules Friday morning in an attempt to make the fees more transparent, fair and reasonable, but a cap was not among the recommendations.

http://www.canadianlawyermag.com/legalfeeds/author/alex-robinson/lsuc-to-consider-changes-to-contingency-fees-14907/