Auto ‘very difficult policy to understand,’ says broker-turned-parliamentarian
The Ontario government wants to make the auto claims process easier to navigate and less cumbersome, a politician who used to be a broker told the legislature last week.
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This week, we explore the world of law firm advertising. Some of it good, some of it bad, but a handful of it highly creative. We’ll break down the lawyer advertising laws that get some firms in trouble, we’ll look at the controversial billboard that got one lawyer death threats and the YouTube campaign that went viral – earning a divorce firm over 90M impressions.
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Incident involving a car door, punches in the face considered an accident – L.L. and Intact Insurance Co., Re 2019 CarswellOnt 3604
WAS IT AN ACCIDENT: definition of accident; what is an incident/accident; did the injury occur as a result o f the normal use of an automobile;
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Structures now unique in ability to preserve ODSP benefits
Oatley Vigmond Partner Troy Lehman is quoted in the April 1, 2019 edition of Law Times, a Thomson Reuters publication dedicated to providing the latest news in Ontario’s legal scene.
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Aviva Canada insurance changes leave some drivers scrambling
Insurer Aviva Canada has implemented new — and what some call drastic — auto policy changes that some motorists are not happy about.
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Despite budget cuts, Ford ‘guarantees’ anyone who needs legal aid will get it
Despite cuts to Ontario’s legal aid system announced in the 2019 Ontario budget, Premier Doug Ford says he guarantees that anyone who needs legal aid will receive it.
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Changing ODSP’s Definition of Disability Will Hurt
The Ontario Disability Support Program needs a serious overhaul. Many things need to be changed. But the program’s definition of disability is not one of them.
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2019 CMA Health Summit – Patient Program Application Form
The
CMA Health Summit Patient Program is for patients and caregivers with lived experience in health care who want to be part of the conversation on today’s most pressing health issues.
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‘Feeling bionic!’ Disabled take big steps forward with Surrey’s robotic walker
The Liberal MLA and former cabinet minister was a passenger in a pickup truck that rolled off a highway near Bellingham, Wash.
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In Ontario, a battle for the soul of psychiatry
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[15] According to Dr. Beltesky’s affidavit on this motion, he was told by the man who served the summons that he needed to follow the instructions in the letter from Mr. Zuber. He interpreted the letter to mean that he was obliged to send his complete chart to Mr. Zuber’s office. He consulted some unnamed colleagues who advised that since the letter was worded as it was, he should send his file which he did.
[16] Dr. Beletsky deposed that he also called Mr. Zuber’s office and spoke to a woman sometime between December 19 and 21 as directed. He believes it was Colleen Skynner. Ms. Skynner told him that “they required my full chart, meaning all documentation, every single related page.” Dr. Beletsky felt that he was misled by Mr. Zuber’s letter into sending his patient’s records to defence counsel even though he knew that he was not supposed to disclose those records without the patient’s consent.
[33] I am satisfied that the covering letter which accompanied the summons served on Drs. Baass and Beletsky went too far and breached the limits reflected in Burgess.
[34] I turn now to the application of the test for removal of counsel.
[35] Mr. Zuber is an experienced, senior personal injury lawyer. The letters that accompanied the summons to witness are standard form letters that he has used for years. This is not a case where a law clerk inadvertently sent out a letter under his name. Rather, the content of the letter reflects a standard operating procedure that he has used for many years without any apparent complaint until now.
[36] The letter, summons and follow-up telephone call with Dr. Beletsky caused Dr. Beletsky to deliver the content of his file to Mr. Zuber’s office. In this case, the documentation produced is exactly the same as that previously provided. One can well imagine that there may be circumstances where some redaction would be appropriate or irrelevant but embarrassing confidential information could have been inadvertently disclosed. It is a matter of chance that that did not occur in this case.
[37] I find that a fair-minded and reasonably informed member of the public would be troubled by defence counsel’s conduct but would not remove him as counsel of record on the facts in this case. Frankly, it is a close call. The result may well have been different if the circumstances in preceding paragraph had occurred or if the discussions between Ms. Skinner and Dr. Beletsky had strayed further into confidential matters. I am mindful of the Court of Appeal’s admonition that removal of counsel should occur in only the rarest of cases. In this case, removal is not necessary in the interests of justice.