Author Archives: Admin2

Liberal health care plans a pipe dream

“There can be no justification for doctors turning away patients or rationing care. We don’t believe Ontario’s doctors would let that happen.”– Dr. Eric Hoskins, Ontario’s Minister of Health and Long-Term Care

http://www.saultstar.com/2015/01/29/liberal-health-care-plans-a-pipe-dream—column

When is a Traumatic Brain Injury Considered “Mild”?

“Mild” traumatic brain injuries can cause significant emotional, physical, and cognitive impairments. Associated outcomes can include depression, post-concussion symptoms, disability, underemployment, low income, and marital instability. Yet, mild traumatic brain injuries often go undetected because of the inability of conventional imaging tests to identify them.

http://oatleyvigmond.com/mild-traumatic-brain-injury/#.VMqWjy5YwdV

New Policy on Travel Expenses for Treatment Providers Discriminates Against Rural Claimants

FSCO regularly publishes Bulletins which are meant to guide insurers and claimants on the permissible and impermissible practices surrounding claims for accident benefits. In FSCO Bulletin A-14/14, along with outlining regulatory amendments which were to take effect on December 1, 2014, FSCO also sent a strong message about mileage expenses for treatment providers, which will discriminate against claimants who live anywhere other than large towns and cities and which will also unfairly penalize treatment providers who are prepared to do field work instead of in-clinic work.

http://otlablog.com/travel-expenses/

Expanding the duty of good faith

SCC has blown wide open the grounds for a contractual dispute

The Supreme Court of Canada’s landmark decision in Bhasin v. Hrynew [2014] S.C.J. No. 71, makes it clear that there is now a common law duty to act honestly in the performance of all contractual obligations. Previously, duties of good faith had been recognized in particular types of contracts (for example, in employment, insurance and franchise agreements), with respect to particular types of contractual provisions (as in contractual clauses which provide for the exercise of discretionary powers) and in particular types of contractual relationships. 

http://www.lawyersweekly.ca/index.php?section=article&volume=34&number=35&article=3

It Is Not Open For a Trial Judge To Award a Defendant Double Costs Where a Plaintiff Obtains Judgement

Reasons for judgement were released today by the BC Court of Appeal (C.P. v. RBC Life Insurance Company) confirming that a trial judge does not have the option of awarding a Defendant double costs in circumstances where a Plaintiff obtains a judgement at a quantum below a Defendant’s formal offer to settle.  In noting this restriction in judicial costs options the Court provided the following reasons:

http://bc-injury-law.com/blog/

New Ontario auto insurance dispute resolution system faces constitutional challenge

A Toronto-based personal injury lawyer is challenging, on constitutional grounds, an amendment to Ontario’s Insurance Act that changes the dispute resolution for auto insurance claims.

http://www.canadianunderwriter.ca/news/new-ontario-auto-insurance-dispute-resolution-system-faces-constitutional-challenge/1003449651/

Resolving auto insurance benefit disputes stacked against public

TORONTO – With last year’s passage of Bill 15, the “Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014”, the handling of accident benefits disputes in Ontario is to be passed from the Financial Services Commission of Ontario (FSCO) to the Licence Appeal Tribunal (LAT).

http://www.ilstv.com/resolving-auto-insurance-benefit-disputes-stacked-public%E2%80%8B/

Personal Injury Lawyer Launches a Constitutional Challenge Against Bill 15

Joseph Campisi, a Toronto area personal injury has launched a constitutional challenge to Bill 15, Fighting Fraud and Reducing Auto Insurance Rates Act, 2014.  The bill received Royal Assent in November 2014 and introduces a number of changes to the auto insurance system including:

  • moving SABS disputes to the Licence Appeal Tribunal
  • introduce  regulation to the towing and vehicle storage industries
  • authorize the province to reduce vehicle storage costs.

http://williehandler.blogspot.ca/

Without Affordable Housing, the Need for Food Banks Will Remain

This past holiday season, food banks all across Ontario benefited from the generosity of their communities. Ontarians came together to donate food and financial support, both of which will make an enormous difference in the lives of people who struggle to make ends meet.

http://www.huffingtonpost.ca/ontario-association-of-food-banks/food-banks_b_6557678.html

Allegations of sexual assault dropped against Hamilton psychiatrist

In a rare move, the province’s regulatory board has dismissed allegations of professional misconduct against a Hamilton psychiatrist who allegedly sexually abused a female patient.

http://www.thestar.com/life/health_wellness/2015/01/26/allegations-of-sexual-assault-dropped-against-hamilton-psychiatrist.html