Neither OTLA, nor any other legal, medical or victim advocacy organization, was consulted before these changes were made. They are completely unfair, illogical, and counter to the entire purpose of having a no-fault benefits system.
http://otlablog.com/insurers-get-an-early-present-injured-victims-get-another-lump-of-coal/
An adjuster’s file is ripe with documents that insurance companies who hired the adjuster would not want to end up in the hands of plaintiffs. For example, adjuster’s files will often contain witness statements, reports of various types, legal opinions, and documents setting out the insurer’s position and strategy.
http://www.claimscanada.ca/issues/article.aspx?aid=1002811956
But personal injury lawyers concerned about arbitration delays
Consumers and stakeholders are invited to provide comments and suggestions on how to ensure a stable, sustainable and competitive auto insurance system, including:
Please provide written comments no later than March 31, 2014, by email to the attention of Jennifer MacMillan, Senior Policy Consultant, Auto Insurance Policy Unit, FSCO at3YearReview@fsco.gov.on.ca.
http://www.fsco.gov.on.ca/en/auto/Pages/ontario-auto-insurance-3-yr-review.aspx
Read about the last 5 year review: http://www.fsco.gov.on.ca/en/auto/5yr-review/Pages/default.aspx
The Ontario Government filed amendments to the SABS to tighten up a number of provisions to clarify the policy intent.
http://williehandler.blogspot.ca/2013/12/ontario-government-tightens-up-sabs.html
ONTARIO REGULATION 347/13 made under the INSURANCE ACT Made: December 11, 2013 Filed: December 17, 2013 Published on e-Laws: December 17, 2013 http://www.e-laws.gov.on.ca/html/source/regs/english/2013/elaws_src_regs_r13347_e.htm
How SRLs want help
SRLs want help – that is loud and clear. On-line resources get them part of the way – sometimes. But they want face-to-face help too. Almost all of them say that they want lawyers. But they cannot afford to use a lawyer for every step of their case. They want help to be effective self-advocates.
And Ontario’s Negligence Act includes what’s known as ‘joint and several liability.’ Also called the ‘one per cent rule,’ Riley says it means several people can be named in a lawsuit, including municipalities. In cases where other defendants have no money, a city that’s found to be only marginally responsible for an incident can be on the hook for the entire damages award. http://www.northernlife.ca/news/localNews/2013/12/18-municipal-insurance-sudbury.aspx
“More research is needed to understand the causes and consequences of the welfareization of disability,” Stapleton concludes in his report. “In turn, this will enable policy-makers to provide more effective, robust and humane support to Ontarians and Canadians with disabilities.”
“Whether it’s families watching their hydro bills climb while executive pay at OPG skyrockets, or the Liberals helping auto insurance companies cut benefits in half while drivers don’t see any premium reductions, it’s clear that the Liberals aren’t interested in helping out people.”
The 2013 report also noted that in 2011, the Auditor General had recommended that FSCO “monitor ongoing compliance with the interim Minor Injury Guideline, expedite the work to develop evidence-based treatment protocols for minor injuries, and identify and address any lack of clarity in its definitions of injuries.”