Author Archives: Admin4

Ban on ‘distracted walking’ is a lousy idea: Editorial

It is tempting to support any legislation that would impose fines on those people who habitually bury their faces in a smartphone and walk the city streets oblivious to the crowds and cars around them.

But while the eponymous phone-crazed “zombies” of a proposed new provincial “zombie law” are no doubt irritating, study after study has shown they don’t pose a significant threat to themselves or others.

https://www.thestar.com/opinion/editorials/2017/10/30/ban-on-distracted-walking-is-a-lousy-idea-editorial.html

Distracted walking vs. reverse onus provisions of Highway Traffic Act (Pedestrian Collision Cases Ontario)

An Ontario MPP’s private member’s bill proposed that pedestrians not paying attention to where or how they are walking, could be fined up to $50 for distracted walking.

It’s called the “Phones Down, Heads Up Act” and was tabled by Toronto MPP Yves Baker of Etobicoke Centre.

https://www.torontoinjurylawyerblog.com/2017/11/distracted-walking-vs-reverse-onus-provisions-highway-traffic-act-pedestrian-collision-cases-ontario.html

Are your Long Term Disability Benefits denied? Beware of the Insurer’s invitation to Appeal

It happens all the time: The Insurer denies long term disability benefits and invites an injured person to appeal the denial by providing more medical documentation. The truth is that the policy may not even have a formal appeal process. The Injured person may go back and forth with the Insurer for years trying to convince them through an appeal that she is entitled to Long Term Disability benefits.

http://www.carranza.on.ca/blog/personal-injury-blog/2017/10/10/are-your-long-term-disability-benefits-denied-beware-of-the-insurer-s-invitation-to-appeal

Denied long-term disability: what now?

Once a claim for long-term disability benefits has been denied, it’s important to hire counsel as soon as possible to begin the legal process, says Toronto personal injury lawyer Paul Cahill.

“What needs to happen is immediate legal action, in my opinion, because the process to challenge a disability denial can take many months, and sometimes years. You don’t want to wait six or 12 months before you do anything,” he tells AdvocateDaily.com.

http://www.advocatedaily.com/paul-cahill-denied-long-term-disability-what-now.html

Some people are using accessible parking permits of relatives who’ve died, police say

Abuse of special parking permits for people with disabilities has become so pervasive that on many downtown Toronto streets almost all vehicles display one, a CBC Toronto investigation has found.

Police say the problem is only getting worse

http://www.cbc.ca/news/canada/toronto/parking-permit-fraud-toronto-1.4375813?cmp=rss

Marshall gives his take on the ‘real problem’ with auto catastrophic impairment coverage

The Ontario auto insurance system needs to do more for claimants who are catastrophically injured and not rely so much on “competing opinions” among medical practitioners, a former chief executive officer of the workers compensation system suggested to brokers recently.

https://www.canadianunderwriter.ca/insurance/marshall-gives-take-real-problem-auto-catastrophic-impairment-coverage-1004122827/?utm_source=dlvr.it&utm_medium=twitter

Insurer’s appeal reflects complete misunderstanding of the role of appeal

Guarantee’s submissions reflect a complete misunderstanding of the role of an appeal; Guarantee’s submits that the Arbitrator should review all the exhibits, including the medical reports and videotapes, as well as the untranscribed oral evidence, and make new findings of fact, is therefore mistaken, and its submissions are largely misbegotten on that account; the decision stands

https://www.deutschmannlaw.com/blog/post/insurers-appeal-reflects-complete-misunderstanding-of-the-role-of-appeal

Damages Under The Family Law Act: An Updater

While the original paper remains on my website[2], a brief “refresher” will be provided.

Pursuant to section 61(1) of the Family Law Act, if a person is injured or killed by the fault or neglect of another under circumstances where the person is entitled to recover damages (or would have been entitled to recover if not killed), the spouse, children, grandchildren, parents, grandparents, brothers, and sisters of the person are entitled to maintain an action for their losses and damages arising therefrom.

https://www.thomsonrogers.com/news/damages-under-the-family-law-act-an-updater/

Reinforcing judges’ role as ‘gatekeepers’

The role of trial judges as “gatekeepers” has been reinforced in a recent decision by the Ontario Court of Appeal, says Toronto personal injury lawyer Miles Obradovich.

“The decision brings clarity to the issue of the gatekeeping function,” says Obradovich, founding partner of Obradovich Law.

http://www.advocatedaily.com/miles-obradovich-reinforcing-judges-role-as-gatekeepers.html

Understanding The Healing Brain: Neuroplasticity-Based Research Blossoms

Earlier this year Howie, Sacks & Henry co-hosted an event called Understanding the Healing Brain. Exploring cutting-edge treatment involving neuroplasticity, the conference brought together individuals who have sustained traumatic brain injuries (TBIs), their medical and legal support teams, and leading practitioners/writers in the field, including the renowned Dr. Norman Doidge, to learn and discuss how this concept is revolutionizing recovery plans and therapies.

http://www.hshlawyers.com/blog/understanding-the-healing-brain-neuroplasticity-based-research-blossoms/?utm_source=Mondaq&utm_medium=syndication&utm_campaign=View-Original