ENTITLED TO TREATMENT: insured argues recovery not complete; insurer makes case that insured’s treatment plans are out of date and contradictory; IE shows recovery is attained and normal daily routine has been resumed
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Author Archives: Admin4
Insured has reached full recovery
Request for more judges a necessary move for strained system, lawyers say
Ontario’s Superior Court needs additional judges for a strained system that forces the accused to wait years for trial, makes civil cases the “lesser third cousin” to criminal matters and has children sit in “emotionally charged” homes as parents await divorce proceedings, say lawyers.
Access to Justice to be enhanced with the delivery of legal services through civil society organizations
Convocation approved, in principle, a policy to permit lawyers and paralegals to provide legal services through civil society organizations (CSOs), such as charities and not-for-profit organizations.
http://www.lawsocietygazette.c
Court Of Appeal Clarifies Deduction And Assignment Of Statutory Accident Benefits In Motor Vehicle Accident Litigation
The Ontario Court of Appeal released its decisions in El-Khodr v. Lackie and Cobb v. Long Estate together on September 19, 2017. These were appeals from decisions rendered after jury verdicts on damages from motor vehicle accidents.
Court of Appeal Confirms Retrospective Application of Amendments to Prejudgment Interest, Statutory Deductible and Costs Considerations
The Ontario Court of Appeal recently released the much anticipated decision in Cobb v. Long Estate, 2017 ONCA 717, which addressed the issue of whether legislative amendments in 2015 to prejudgment interest on non-pecuniary damages, statutory deductible and costs considerations apply retrospectively in motor vehicle accident litigation.
Revised Attendant Care Hourly Rate Guideline
With this Bulletin the Financial Services Commission of Ontario (FSCO) is releasing the revised Attendant Care Hourly Rate Guideline. This revised guideline comes into effect October 1, 2017.
The revised guideline has been approved by the Superintendent for use in connection with the Statutory Accident Benefits Schedule – Effective September 1, 2010 (SABS). This revised guideline replaces the previously issued guideline.
http://www.fsco.gov.on.ca/en/a
Arbitrator Rules MIG Cap of $3,500 for chronic pain resulting from car accidents violates Section 1 and 15 of the Charter – Abyan v. Sovereign
Mr. Abyan was injured in a car accident (MVA – motor vehicle accident) on June 19, 2015. He sought benefits from Sovereign however when a dispute arose Mr. Abyan applied for mediation at the FSCO.
Pharmacies lobby for mandatory $75 prescription consult to help curb opioid crisis
A group that represents the largest pharmacy chains in Canada is pushing Ontario to implement a compulsory consultation program for patients prescribed opioids for pain management — a consultation that would initially cost the province $75 per patient.
http://www.cbc.ca/beta/news/ca
Who is Liable for Damages if You’re Involved in a Car Accident while Driving for Work?
In most instances, the driver who is at fault for a car accident is liable for any damages caused by the collision. However, determining liability often becomes more complicated when the car accident is caused by someone who is driving for work and/or operating a company vehicle. In these situations, the following questions may arise:
Ontario Court of Appeal decision in El-Khodr & Cobb will save insurance companies millions of dollars
If you are hearing a roar of applause, and perhaps laughter in delight, it’s coming from high atop the corporate head quarters and legal offices of auto insurers across Ontario.
Insurers won large in two recent Court of Appeal decisions which were released earlier this month