Author Archives: Admin2

November 28, 2018

by Admin2

Free civil legal clinics to stay open through 2019 after getting $525K from Feds, legal community

A program that gets lawyers to volunteer their time to help people navigate the civil court system has been saved from closing for at least another year after receiving a one-time $250,000 contribution from the federal government and $275,000 in donations from the legal community. 
 
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TO LEND OR NOT TO LEND …. THAT IS THE QUESTION

How often have you lent your car to a family member, friend or colleague without giving it a second thought? Perhaps it’s time you did. 
 
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Distracted driving will be a $1,000 fine in Ontario and lead to licence suspension

The penalty for Ontario drivers caught using their phones will increase to $1,000, along with a three-day licence suspension and three demerit points. This will more than double the current distracted driving fine of $490. 
 
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Ruling on dangerous driving death speaks to a wider problem

A recent ruling that found an Ottawa man not guilty of dangerous driving causing death and leaving the scene of a fatal collision speaks to a much wider problem, Toronto critical injury lawyer Patrick Brown tells CBC News. 
 
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Self-Represented Parties and Sharp Practice by Counsel – Should We Be Thinking Differently?

War is the means by which nation states have sometimes resolved their differences. Litigation is the means by which people in our society sometimes resolve their differences. In both cases, there is value in prescribing the rules of engagement. 
 
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Rethinking the “Patient Complaint” Process

I’ve often thought we need a re-imagining of the concept and process for the ‘compliments and complaints’ process in healthcare and hospital settings. I’m not sure about any of you, but I was raised not to complain. Complaining was synonymous with griping and whining. It is defined as a “statement of disagreement or discontent” and often does not lead to a solution based conversation. 
 

November 27, 2018

by Admin2

Lawyers say benefits of statutory deductible waning

The statutory deductible for pain and suffering is ripe for reform, according to personal injury lawyers. 
 
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“REASONABLE AND NECESSARY”: A REFRESHER

Often, the insurer’s reason is that the proposed treatment is not “reasonable and necessary,” which is the governing legal test for eligibility for medical and rehabilitation benefits. 
 
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Social Assistance Revamp; Losing the PC Presidential Bid 
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What it takes to get off social assistance

Callers talk of creating their own jobs, cycling on and off ODSP, facing stigma from employers and harassment from social workers. 
 
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Concussions Post-Injury: Noise as Cause of Symptoms

It’s no secret that one of the symptoms commonly related to concussion is sensitivity to sound. What may have previously been an acceptable sound level now is unbearable, painful, and causes more symptoms – usually immediately. I’d like to assert that post-injury, sound crosses the threshold: it becomes noise.  It becomes a cause. 
 
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ICBC posts net loss of $582 million for first six months of fiscal year

ICBC has posted a net loss of $582 million for the first six months of our current fiscal year (April 1 to September 30, 2018), reflective of the continued pressure ICBC is under from the rising number and cost of claims. 
 

November 26, 2018

by Admin2

NDP keeps pushing for auto insurance reform

Over 150 local residents packed an auto insurance town hall meeting I hosted in November to pressure this government to bring down the unfair auto insurance rates we pay in our community. 
 
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CRAWFORD: All Ontarians deserve robust consumer protection law

Consumers who enter into credit agreements unavoidably disclose sensitive, personal information like credit history and data. In today’s digital age, Ontarians are increasingly embracing digital banking options, such as shopping online and through apps. They’re also using credit and debit cards more frequently, tapping or swiping,  to pay for everyday items. 
 
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PC government reforms to social assistance reinforce poverty

TORONTO, Nov. 26, 2018 (GLOBE NEWSWIRE) — Yesterday, Minister of Children, Community and Social Services, Lisa MacLeod announced a series of reforms to the province’s social assistance system, which supports almost 1 million Ontarians per year. These reforms include significant changes to both Ontario Works (OW) and the Ontario Disability Support Program (ODSP). 
 
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Mixed bag, uncertain future

The wait is over. More than 100 days ago, we were told by Ontario Social Services Minister, Lisa MacLeod that fixes to the “broken” social assistance system were on the way. Last Thursday, a new plan was delivered. 
 
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I started my appeal of an ODSP decision to the Social Benefits Tribunal. What happens next? 
About 2 weeks after you file your Appeal Form (link is external), the Social Benefits Tribunal (SBT) sends you a letter with a file number. You file your Appeal Form when you deliver it to the SBT and follow the rules about how to do this. 
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Your Medical Devices Are Not Keeping Your Health Data to Themselves

Medical devices are gathering more and more data from their users, whether it’s their heart rates, sleep patterns or the number of steps taken in a day. Insurers and medical device makers say such data can be used to vastly improve health care. 
 
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15 Things Survivors of Collisions Should Know

Your life has been drastically changed in a matter of seconds.  You have been in a collision and you will need time to recover from your injuries.  Here are 15 things every survivor of a collision should know 
 
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Neurofatigue

Fatigue fatigue fatigue, that is what people with brain injury often experience. 
Everything takes effort. The energy for the whole day is often consumed completely within two hours. There are many brain injury victims who have insomnia on top of this all. Another group of brain injury survivors have an increased need for sleep. But thesimilarity is FATIGUE.

https://www.braininjury-explanation.com/consequences/invisible-consequences/neurofatigue?fbclid=IwAR2EOC-mTRwcoTxTNwgjLcZied-8tRRwgOw4v_G3S7nLJBL12r21iHJ4BAM

November 23, 2018

by Admin2
There’s more than one class action law suit in the works in Ontario 
Class action about credit scores used by insurers:  
http://www.fairassociation.ca/2017/06/fair-letter-to-brian-mills-re-use-of-credit-reports-in-injury-claims/
HST class action: 
http://www.fairassociation.ca/2018/11/accident-victims-denied-millions-in-benefits-by-insurers-lawsuits-allege/
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PEDESTRIAN INJURY SAFETY 101 NOV. 22, 2018 – Zoomer radio podcast

http://www.zoomerradio.ca/show/fight-back-on-zoomer-radio/fight-back-on-zoomer-radio-podcast/pedestrian-injury-safety-101-nov-22-2018/  
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Ontario welfare reforms will make it harder to qualify for disability benefits

Ontarians who rely on welfare will get counselling and job training under a multi-year, multi-ministry social assistance reform plan, announced by the Ford government Thursday. 
 
 
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Response to Ford’s Social Assistance Reforms

The social assistance reforms that the Ford Government announced today can well be described as the new Doug Ford Poor Laws. As expected, they’re making Ontario Works (OW) and the Ontario Disability Support Program (ODSP) significantly more restrictive and precarious. 
 
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Many questions, few answers, and great risk for people with disabilities

Minister Lisa MacLeod’s announcement today about a new direction for social assistance in Ontario shows promising directions for Ontario Works, but leaves many unanswered questions and creates serious risks for people with disabilities. There is also no mention of addressing the most critical problem, which is improving the inadequate benefit rates for people on OW and the Ontario Disability Support Program. 
 
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Feeling of Loss While Recovering at Christmas

Interrupted by another sleepless night, I find myself staring at the cursor on my computer screen in the middle of the night. I hear the silence and think of everyone that is lucky enough to be getting a restful sleep and I wish it was me. Chronic pain and anxiety have taken that away. My blogs that I have been writing in this series always take a toll on me after I have written them 
 
 
 

November 22, 2018

by Admin2
Contact the Premier with questions, concerns
https://correspondence.premier.gov.on.ca/EN/feedback/default.aspx

Government of Ontario Announcements You-tube

https://www.youtube.com/c/GovernmentofOntarioAnnouncements?app=desktop
 
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Ontario to change definition of disability as part of social assistance reforms

TORONTO — The Ontario government is bringing in changes to social assistance that critics say will make it harder for people to qualify for disability support. 
 
 
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Ontario to move car insurance regulation to FSRA in effort to lower rates

In its fall economic statement released Thursday, the current Ontario PC government said it’s “committed to creating a regulatory framework that allows for a more modern auto insurance sector,” which includes the handover. 
 
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Thousands back NDP bill to beef up penalties for drivers who kill, injure vulnerable road users

As a Toronto cyclist, Meredith Wilkinson always knew she could run into trouble on the city’s roads. But the 40-year-old mother and transportation engineer never expected how life-changing that moment would be when it happened in September 2017.

https://www.cbc.ca/news/canada/toronto/thousands-back-ndp-bill-to-beef-up-penalties-for-drivers-who-kill-injure-vulnerable-road-users-1.4915263

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Why this simple collision claim needed multiple forensic reports

A motorist who was successfully sued for rear-ending a vehicle on an icy road has to reimburse the plaintiff $23,000 for forensic engineering reports. 
 
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Hidden Barriers to Recovery to Personal Injury Cases in Ontario

Insurer’s will challenge the Plaintiff’s position every way until Sunday. That’s their job. Insurance companies don’t gratuitously throw money at claims which they don’t believe have merit. And even claims which they believe have merit are viewed through a difference valuation lens than then injured accident victim and his/her personal injury lawyer. 
 
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Canadians giving up necessities, going into debt to pay for prescriptions, study finds

Taking prescribed medication after open-heart surgery might seem like a fairly normal course of action, but the cost of the drugs left Leonard Seigo in a difficult position. 
 

November 22, 2018

by Admin2
Contact the Premier with questions, concerns
https://correspondence.premier.gov.on.ca/EN/feedback/default.aspx

Government of Ontario Announcements You-tube

https://www.youtube.com/c/GovernmentofOntarioAnnouncements?app=desktop
 
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Ontario to change definition of disability as part of social assistance reforms

TORONTO — The Ontario government is bringing in changes to social assistance that critics say will make it harder for people to qualify for disability support. 
 
 
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Ontario to move car insurance regulation to FSRA in effort to lower rates

In its fall economic statement released Thursday, the current Ontario PC government said it’s “committed to creating a regulatory framework that allows for a more modern auto insurance sector,” which includes the handover. 
 
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Thousands back NDP bill to beef up penalties for drivers who kill, injure vulnerable road users

As a Toronto cyclist, Meredith Wilkinson always knew she could run into trouble on the city’s roads.But the 40-year-old mother and transportation engineer never expected how life-changing that moment would be when it happened in September 2017.
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Why this simple collision claim needed multiple forensic reports

A motorist who was successfully sued for rear-ending a vehicle on an icy road has to reimburse the plaintiff $23,000 for forensic engineering reports. 
 
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Hidden Barriers to Recovery to Personal Injury Cases in Ontario

Insurer’s will challenge the Plaintiff’s position every way until Sunday. That’s their job. Insurance companies don’t gratuitously throw money at claims which they don’t believe have merit. And even claims which they believe have merit are viewed through a difference valuation lens than then injured accident victim and his/her personal injury lawyer. 
 
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Canadians giving up necessities, going into debt to pay for prescriptions, study finds

Taking prescribed medication after open-heart surgery might seem like a fairly normal course of action, but the cost of the drugs left Leonard Seigo in a difficult position. 
 

November 21, 2018

by Admin2

CPSO Strategic Planning – Public & Organizations Survey

Online survey: What should the CPSO start doing, stop doing, and continue doing to be more effective at medical regulation. Take part today! Feedback deadline: Dec 7.  
The CPSO is in the process of developing a new strategic plan. A strategic plan is a roadmap that provides direction and aligns the day-to-day activities of the organization to its most important priorities. CPSO has engaged the consulting firm OPTIMUS | SBR to support this process. Feedback from the general public and other stakeholders is an important input into the planning process, and we are seeking your participation in the following survey. It should only take you 15 minutes to complete.  

https://www.surveymonkey.com/r/CPSO_StrategicPlanning_PublicandOrganizations 

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More Ontario auto insurers named in $1B legal action over allegedly withheld HST

A total of 11 Ontario auto insurers have now been named in proposed class-action lawsuits alleging they short-changed accident victims by ignoring rules surrounding the payment of sales tax. 
 
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Judge charges Ontario is breaching its constitutional duty; courtroom crunch thwarts timely trials, access to justice

A senior judge’s scathing public denunciation of successive Ontario governments’ failure to provide enough courtrooms in Peel Region could be a sign of things to come as judicial leaders across Canada struggle to combat court delays traceable to government-imposed budgetary restrictions that often leave the judicial branch unable to deliver efficient and accessible justice to the public. 
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Killer drunk driver Marco Muzzo ‘intentionally failed to disclose’ evidence of alcohol misuse, parole board says in written decision

Killer drunk driver Marco Muzzo “sabotaged” his progress in prison by underestimating his issues with alcohol, a parole board panel said in its ruling denying him day and full parole, released Tuesday. 
 
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Confusion about municipal obligations emerges

Two decisions of the Court of Appeal released earlier this fall on the same day appear to be causing confusion about the extent of the legal obligations of municipalities to reduce the risk of automobile accidents at intersections. 
 
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Region lags in hip and knee replacement wait times, provincial report says

The regional agency that allocates health-care dollars across much of the region ranks worst in the province for completing hip replacement surgeries within target wait times and second last when it comes to completing knee replacement procedures within provincially mandated timeframes, according to Health Quality Ontario’s newly released 2018 annual report. 
 
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How the Ontario Disability Support Program can make it tough to find — and hold down — a job

Christina Anderson often has to take time off work. Her spina bifida means she requires regular CT scans, MRIs, and X-rays, and frequent appointments with specialists. And those screenings can lead to even more time out of the office: the benign tumour that developed in one of her salivary glands was likely caused by radiation. 
 
 

November 20, 2018

by Admin2

Case on policy non-renewal headed for SCC

A dispute over the financial consequences for an automobile insurer that provides ineffective notice of non-renewal of a policy may be headed to the Supreme Court of Canada. 
 
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IBC: BC is in a “lose-lose situation” due to high auto insurance costs

The head of the Insurance Bureau of Canada (IBC) recently shared his thoughts about the state of British Columbia’s auto insurance market, calling attention to the province’s high premiums. 
 
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4 tips for hiring a personal injury lawyer

You or a loved one has been in a car crash and been injured. Car insurance claims can quickly become a nightmare. You should contact a lawyer if you’ve been injured in a car accident for guidance on how to proceed particularly if the claim is serious. There are procedures and timelines to follow if you wish to make a successful claim. 
 
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Establish a stable source of funding for Pro Bono Ontario

Pro Bono Ontario recently announced that it had no choice but to close its court-based help centres in Toronto and Ottawa on December 14, 2018 due to a lack of stable long-term funding. This can’t happen.   
 
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Unpaid caregivers do a lot of heavy lifting – and they deserve more support

Canada has an expansive (and expensive) sickness care system.With hundreds of thousands of health-care workers toiling every day in clinics, home care, hospitals and long-term care facilities, we tend to forget that a lot of the heavy lifting – literally and figuratively – is done by unpaid caregivers.

November 19, 2018

by Admin2

Ontario government promises auto rate review

The Ontario government announced Thursday it plans to “review how auto insurance rates are regulated” and confirmed the government will still run the Motor Vehicle Accident Claims Fund. 
 
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Ford Conservatives vote against making auto insurance more affordable

At the provincial Conservative Party’s convention in Etobicoke, Policy Resolution 13 read “The PC Party supports reforming auto insurance to make it more affordable while maintaining benefit levels.” 
 
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Recent Divisional Court Ruling Another Blow To Injury Victims Rights

In a recent Divisional Court ruling of Tomec v. Economical Mutual Insurance Company, the Panel has held that a limitation period expires for certain benefits that accident benefits claimants are entitled to even before they meet the requirements to be entitled to those benefits. 
 
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What is usage-based insurance?

Usage-based insurance (UBI), also referred to as pay-per-mile, pay-as-you-drive, or pay-as-you-go, is  a type of auto insurance that, depending on the specific insurer’s program, can measure how far a vehicle is driven, where it’s driven, and/or how it’s driven. 
 
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Ontario Court hits the brakes on duties owed to intoxicated plaintiffs

The expansion of recognized duties of care owed to intoxicated persons recently met resistance from the Ontario Superior Court of Justice. In Stewart et al. v. The Corporation of the Township of Douro-Dummer, 2018 ONSC 4009, the Plaintiff was one of four passengers in a taxi cab who was intoxicated and injured after the cab was involved in an accident. The cab driver was not at fault in the actual accident. 
 
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ICBC says concussions and mental health injuries fall under new claims cap

VICTORIA — Concussions and mental health problems caused by an automobile crash will be considered a “minor injury” and fall under the new $5,500 cap on pain and suffering, according to new rules set by the provincial government. 
 
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Many doctors don’t trust caregivers, but here’s why they should: Dr. Brian Goldman

As a physician for more than 30 years, I’ve been steeped in medical culture. As the host of White Coat, Black Art, I explain and unpack that culture.

In my experience, it’s rare to find a doctor, nurse, or any healthcare worker who truly understands and appreciates what caregivers do for family members.  

https://www.cbc.ca/radio/tapestry/lessons-for-caregivers-1.4907822/many-doctors-don-t-trust-caregivers-but-here-s-why-they-should-dr-brian-goldman-1.4907875

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Mental health outcomes after major trauma in Ontario: a population-based analysis

BACKGROUND: Major injury continues to be a common source of morbidity and mortality; improving the functional recovery of survivors of major trauma requires a better understanding of the mental health outcomes that may occur in this population. We assessed the association between major trauma and the development of a new mental health diagnosis or death by suicide. 
 
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Canadian Worry Check In
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Why BC’s “Minor” Injury / Tribunal Laws Are Vulnerable to a Charter Challenge

British Columbia is not the first jurisdiction in Canada to take away the rights of the public in order to strengthen insurer profits.  This has been done in other Provinces and legal challenges to injury cap laws have withheld constitutional challenge.  BC, however, has gone further than simply capping damages and combined these with a system that forces ‘prescribed’ injury victims away from Court and into a Civil Tribunal.  This combination leaves BC’s recent legislation vulnerable to legal challenge. 
 
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Civil Practice and Procedure Pleadings – Application for particulars

Plaintiff included witness statements from report in amended statement of claim so production ordered

It was alleged that defendant law firm was involved in falsifying and submitting documentation in support of personal injury accident insurance claims made against plaintiffs, resulting in unjustified insurance payments. 

https://www.lawtimesnews.com/case-law/ontario-civil/plaintiff-included-witness-statements-from-report-in-amended-statement-of-claim-so-production-ordered-2054/

Read the decision here: TTC Insurance v. MVD Law, 2018 ONSC 2611 (CanLII), <http://canlii.ca/t/hrt3m

November 16, 2018

by Admin2
Consulting ahead of the 2019 Ontario Budget for the People

The government is continuing its conversations with the people of Ontario by hosting consultations across the province that will inform the 2019 Budget. The pre-budget consultations provide individuals and organizations with a chance to tell the government directly about what matters most to them ahead of next year’s Budget.

 
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Industry responds to Ontario’s auto insurance shakeup

In its recent Fall Economic Statement, the Government of Ontario revealed that it would look into reforming the province’s auto insurance regulation – a move that is being welcomed with open arms by the industry. 
 
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Three’s Company or Three’s a Crowd? Recent Guidance from the Courts on Third-Party Funding of Litigation

Third-party funding of litigation is a relatively new phenomenon in Canada. Under this type of funding arrangement, a third-party lender agrees to advance funds to a litigant, subject to terms and conditions, usually in exchange for a certain percentage of any amount that is recovered through settlement or after a judgment. As courts have recognized, these types of arrangements have the potential to increase access to justice by providing litigants who o not have access to significant capital with access to important resources and tools that may facilitate their ability to fully advance the merits of their claims. 

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Priority dispute can proceed in mechanic test-drive case

Canada’s highest court announced Thursday it will not hear a dispute arising from a vehicle repairman who got hurt while test-driving a customer’s car. 
 
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Court Denies Summary Judgment to Defendant Driver with Right-of-Way

In Clarke v. Toronto Transit Commission, 2018 ONSC 6453, the Ontario Superior Court dismissed the moving defendant’s motion for Summary Judgment in a case involving a collision between a motor vehicle and a pedestrian. 

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Insurers weigh in on how automated vehicles should be covered

The Insurance Bureau of Canada (IBC) has recommended a single insurance policy to cover driver negligence and automated technology to facilitate liability claims associated with autonomous vehicles.
https://www.canadianunderwriter.ca/insurance/single-policy-cover-driver-negligence-automated-technology-ibc-1004148738/