Author Archives: Admin4

What the jury isnt told

Often times, your personal injury lawyer can settle your case outside of court. However, if the case does make it to trial, most personal injury car accident trials in Ontario proceed with a jury. While hundreds of potential jurors can receive notice in the mail requesting them to show up at court for jury duty, only a handful are selected at random (by ballots) to be jurors. Lawyers of both the plaintiff and defendant can challenge a juror for whatever reason they choose, up to the maximum of 4 jurors.

https://www.lofrancolawyers.com/what-in-the-jury.html

Ontario Boosting Nursing, Personal Support in Major Expansion of Home Care

Ontario is strengthening home and community care across the province for patients and their families, by increasing access to services by an estimated 2.6 million additional hours and developing new patient- and family-friendly supports.

Dr. Eric Hoskins, Minister of Health and Long-Term Care, was at Kensington Gardens in Toronto to announce a major new expansion of home care supports and services across Ontario.

https://news.ontario.ca/mohltc/en/2017/10/ontario-boosting-nursing-personal-support-in-major-expansion-of-home-care.html?utm_source=all_news&utm_medium=rss_click&utm_campaign=rss_feed

Applicant fails to prove his injuries place him outside MIG – CJ v The Personal 16-002815

CJ was injured in a car accident on February 24, 2014.  He applied for accident benefits to the Personal but when the claims were denied CJ applied for dispute resolution services to the LAT.

Following the case conference, Personal approved a treatment plan dated June 18, 2017, in the amount of $2,200.00 for physiotherapy.  To date, $3,275.00 has been approved of the $3,500.00 MIG limit.

https://www.deutschmannlaw.com/blog/post/applicant-fails-to-prove-his-injuries-place-him-outside-mig-cj-v-the-personal-16-002815

Legal landscape on concussion liabilities may be shifting

Amateur and professional athletes who have suffered a concussion are generally allowed to return to sport after they complete a graded exercise protocol that focuses on , which is referred to as the return to play (RTP) protocol. The Public Health Agency of Canada recently published the Canadian Guideline on Concussion in Sport outlining these protocols, which provide recommendations – aimed at amateur participants – on “the recognition, medical diagnosis, and management of athletes who sustain a suspected concussion during a sport activity.”

https://medicalxpress.com/news/2017-10-legal-landscape-concussion-liabilities-shifting.html

Insurance company collected and used credit score for inappropriate purpose during auto insurance claims assessment process

https://www.priv.gc.ca/en/opc-actions-and-decisions/investigations/investigations-into-businesses/2017/pipeda-2017-003/

What the federal privacy watchdog did after an insurer pried into crash victim’s credit rating

Be advised that despite considerable effort on the part of one of our members and FAIR’s direct request that insurers be advised to cease using credit scores in adjusting injury claims, we have not been successful in getting the FSCO Superintendent to issue that ‘Advisory’.

Protecting Vulnerable Road Users

https://news.ontario.ca/mto/en/2017/09/protecting-vulnerable-road-users.html

Insurance companies have greater rights than individuals in personal injury cases (Ontario)

Car accident cases in Ontario should be simple.

The premise of one car, hitting another car by mistake or negligence; and thereby causing damages/injuries to another party ought to be basic tort law.

Unfortunately in Ontario, this couldn’t be further from the truth. The Ontario Government, at the behest of large insurers has created a system whereby the rights of people are not equal to the rights of large insurance companies. This system has become very complicated.

https://www.torontoinjurylawyerblog.com/2017/10/insurance-companies-greater-rights-individuals-personal-injury-cases-ontario.html

Reports about doctors double-billing aren’t telling the full story

Media reports highlighting complaints from patients and advocacy groups about physician double-billing are “misleading and alarmist,” says Toronto health lawyer Tracey Tremayne-Lloyd.

“The portrayal of these situations as double-billing is a misrepresentation of fact,” she tells AdvocateDaily.com.

http://www.advocatedaily.com/tracey-tremayne-lloyd-reports-about-doctors-double-billing-arent-telling-the-full-story-1.html

Pre-judgment Interest in the Court of Appeal

The Ontario Court of Appeal decisions of Cobb v. Long Estate 2017 ONCA 717 and El-Khodr v. Lackie 2017 ONCA 716 now provide clarification on the application of the amendment to the rate of pre-judgment interest in s.258.3(8.1) of the Insurance Act which came in to force on January 1, 2015. The amendment effectively provides that the rate established through s.128(2) of the Courts of Justice Act does not apply to claims for non-pecuniary damages arising from a car accident.

http://www.millerthomson.com/en/blog/mt-insurance-law-blog/pre-judgment-interest-court-appeal/