Author Archives: Admin4

OBA Submission on the Final Report of David Marshall

https://www.oba.org/CMSPages/GetFile.aspx?guid=057eb5d3-800c-4f47-865b-4617045dd979

Paying more for less benefits with odds you won’t even get them without a fight!

Not only has the general public been hit with auto insurance policy increases this year despite news from the provincial government over the last 2 years that rates would go down by 15%, they now have to pay more to up the medical and rehab benefits to the same level they had before June 2016.

http://www.deniedbenefitclaims.com/news.html

Scrap the failing no-fault insurance system

Ontario should abandon its two-and-a-half decade experiment with no-fault auto insurance, says Barrie-area personal injury lawyer Steve Rastin.

In his recent report on the state of the auto insurance in Ontario, David Marshall, the former CEO of the Workplace Safety and Insurance Board (WSIB), delivered a withering assessment of the province’s regime after he was appointed by the government to study it.

http://www.advocatedaily.com/steve-rastin-scrap-the-failing-no-fault-insurance-system.html

Canadian auto industry seeing no reduction in accidents, but greater severity: NICC speaker

The Canadian auto industry overall is seeing no reduction in car accidents and “big cost pressures upward on severity coming from both injuries and the repairs of cars themselves,” a speaker suggested last week at the National Insurance Conference of Canada (NICC).

https://www.canadianunderwriter.ca/insurance/canadian-auto-industry-seeing-no-reduction-accidents-greater-severity-nicc-speaker-1004121790/

Treatment Plans Reasonable and Insurer Must Pay Award, Interest, and Benefits 0- FP v Aviva Insurance Company, 2017 CanLII 62160 (ON LAT 16-002861)

Special Award: Onus on applicant to prove treatment is reasonable and necessary; applicant porves this treatment reasonable and necessary; Insurer denies plans and stalls claim; applicant awarded special award, interest and benefits.

https://www.deutschmannlaw.com/blog/post/treatment-plans-reasonable-and-insurer-must-pay-award-interest-and-benefits-fp-v-aviva-insurance-company-2017-canlii-62160-on-lat-16-002861

IE’s Not Medically Warranted and Will Result in Further Delays to Hearing of Case

Mr. Almasouwi  was injured in a car accident on December 22, 2009.  He applied for SABs however when TD terminated certain benefits Mr. Almousawi applied for arbitration at the FSCO. Mr. Almasouwi has undergone a multidisciplinary assessment at the request of TD General to determine if Mr. Almasouwi is catastrophically impaired (CAT assessment), as well as his own CAT assessment.

https://www.deutschmannlaw.com/blog/post/ies-not-medically-warranted-and-will-result-in-further-delays-to-hearing-of-case-1

Ontario bill would address ‘new types of discrimination’ targeting marginalized communities

TORONTO – Discriminating against someone on the basis of their genetics, immigration status, social condition and police records would be a violation of their rights in Ontario under a proposed bill introduced in the provincial legislature.

https://www.thespec.com/news-story/7603025-ontario-bill-would-address-new-types-of-discrimination-targeting-marginalized-communities/

Proposed anti-discrimination bill covers genetics, immigration status, police records

The private member’s bill, tabled by Liberal legislator Nathalie Des Rosiers, would expand and modernize Ontario’s human rights code which was first established in 1962. If passed, the legislation would add the four new areas of rights protection to the code and give anyone discriminated against recourse they currently don’t have at the Ontario Human Rights Tribunal.

http://www.ctvnews.ca/canada/proposed-anti-discrimination-bill-covers-genetics-immigration-status-police-records-1.3624250

Fentanyl is going missing from Ontario hospitals at an alarming rate

From single patches, to vials to entire cartons, fentanyl is going missing from hospitals across Canada, and nowhere is this happening more than in Ontario.

As the Ontario government launches an “emergency taskforce” of front-line workers to advise on next steps in the fight against the province’s opioid overdose crisis, hospitals are losing the potent drug at an increasing rate.

http://www.macleans.ca/news/canada/fentanyl-is-going-missing-from-ontario-hospitals-at-an-alarming-rate/

Ontario Lawyer pushes back on auto insurance legislation that violates the Charter

Campisi Charter Challenge Appeal Oct 2017

52. The legislative effects, in these circumstances, prohibit access to fundamental health care, cause ongoing serious psychological impairments, and are caused by a delay imposed by the legislation and its implementation. As such, the case is analogous to Chaoulli.

53. In summary, it is respectfully submitted that s. 267.5(1) of the Insurance Act violates s. 7 of the Charter by:

a. threatening the security of person by causing ongoing physical and psychological harm and by impeding recovery from physical and psychological damage from the accident, and

b. violating the principles of fundamental justice due to arbitrariness insofar as it is inconsistent with the objectives of the legislative scheme, overbroad by including individuals who are highly motivated to settle as quickly as possible, and grossly disproportionate as it punishes those who cannot work to a greater extent than any other group for delays in litigation.

CANADIAN CHARTER OF RIGHTS AND FREEDOMS http://laws-lois.justice.gc.ca/eng/Const/page-15.html