Author Archives: Admin2
Ottawa MVA Case Law Update: Defendant Ordered to Pay Injury Victim’s Accident Benefit Claim Expenses
In Ontario, when the injured victim of a car accident sues the at-fault driver, the damages awarded are reduced by the no-fault accident benefits paid or available to the injured plaintiff from his or her own insurance company.
Requirement to cover auto accident benefits is “policy-specific” in Ontario: Court
In a case arising from an injury on an all-terrain vehicle, an Ontario court recently ruled on the interrelationship between the Statutory Accident Benefits Schedule (SABS) and the system of determining priority disputes, between auto insurers, under the province’s Insurance Act.
Facebook blocks insurance app
Facebook has blocked Admiral from scouring social media profiles to set car insurance prices, forcing the company into a hasty climbdown.
Insurance industry uses Trump tactics to pump up fraud
If juries have become cynical it is because the insurance industry spends inordinate amounts of money, and uses Trump tactics, to launch ad campaigns to tell the public about so-called rampant insurance fraud. The public has come to believe that nearly everyone is fraudulent without hearing the perspective of accident victims. Most injured parties have to take on their insurer via a legal battle to receive the income replacement and rehab benefits they require and are obliged to sign “privacy” or confidentiality agreements so they can’t divulge the settlement or how they were treated at mediation or in an examination for discovery.
The “Purposive” Approach To Statutory Interpretation: What Does it Mean?
To understand the meaning of words in a statute, Courts have to understand the statute’s intent. The purpose of an Act, i.e. why it was enacted and how it came to be, is not just a relevant factor in deciding how to give effect to a statute’s words, but is essential to determining its meaning.
http://www.mondaq.com/canada/x /542040/trials+appeals+compens ation/The+Purposive+Approach+ to
Basic income is not just about work, it’s about health
The way we deal with adults living in poverty is a mess. Whether you believe in a handout or a hand-up approach, what those in need tend to get these days is the back of the hand. The social-welfare system is parsimonious, judgmental, demeaning, complex and bureaucratic. Worst of all, it tends to perpetuate, rather than alleviate, poverty.
$100,000 Non-Pecuniary Assessment For Chronic Low Back Injury
In today’s case (Truong v. Lu) the Plaintiff was involved in a 2011 collision the Defendant accepted fault for. The Court found the collision caused a chronic low back injury that was amplified by non-collision related depression. In assessing non-pecuniary damages at $100,000 Mr. Justice Affleck provided the following reasons
Judge has strong words for jury trials in civil cases
The commentary of a judge in a recent Superior Court decision has reignited a long-standing debate on the use of civil juries in personal injury matters.
Insurance company offers girl $8 for mileage to hospital instead of $50K for eye injury
The mother of a 12-year-old girl who suffered a traumatic eye injury playing soccer is angry that her insurance company won’t pay out because it says the injury isn’t sufficiently severe.