The Ontario government continues to implement auto insurance announced in the 2015 Ontario Budget. More regulatory changes are expected in the fall.
http://www.insblogs.com/auto/implementing-2015-ontario-budget/5770
Author Archives: Admin2
Implementing the 2015 Ontario Budget
Resetting the limitation clock
After a series of decisions in 2014 and 2015, it is now almost impossible to use a limitations defence in a claim for underinsured, uninsured or unidentified motor vehicle accident coverage. This is because these claims are now contractual, so the two-year limitations period no longer runs from the date of the accident. Rather, they run from the date the contract is breached.
Information About Common Types Of Head Injuries
There are multiple ways in which a traumatic head injury could occur. Assaults, falls and motor vehicle accidents are just three of the situations that could cause it. The term head injury is one that people likely hear a lot. This is unsurprising when one considers just how many types of injuries it includes. When someone talks about a traumatic head injury it is likely that it one of four common types: scalp wound, concussion, open injury or closed injury.
http://www.gluckstein.com/blog/2015/08/information-about-common-types-of-head-injuries.shtml
Painful and uncertain road ahead for Hamilton crash victims
Al and Christine Slater cruised on their motorcycle on a warm clear night, an hour to sunset, the promise of ice cream at the end of the road. They were doing 50 kilometres an hour when the car hit them head-on, Al and Christine both airborne.
Christine thought: “My kids.” And: “I don’t want to die.”
Low Velocity Impact Engineering Evidence Found to be Unhelpful
In this week’s case (Pitcher v. Brown) the Plaintiff was involved in a 2004 collision and sued for damages. The impact was a modest one. The Court rejected much of the Plaintiff’s claim following credibility/reliability concerns in her testimony. The Court was equally dismissive of the defence strategy of calling engineering evidence to discuss the modest forces of the collision. The Court concluded, as have many previous judgments, that demonstrating forces are modest alone is no defence to an injury claim.
Arruda and Western Assurance Company, FSCO A13-003926
This decision by Arbitrator Jeffrey Shapiro makes clear that a diagnosis of chronic pain syndrome can remove an insured from the Minor Injury Guideline (the “MIG”).
Lawyer for dirty Peel cop says he doesn’t belong in jail
The Crown wants him to go to jail, but the lawyer for a Peel Regional Police officer convicted of more than 40 charges of fraud, breach of trust and obstructing justice says he deserves a conditional sentence.
The State of Summary Judgement
The Supreme Court’s decision in Hryniak v. Mauldin broadened the availability of summary judgment across Canada as the court focused its attention on access to justice and proportionality in litigation (2014 SCC 7, 1 S.C.R. 87]. The opening words of Hryniak demonstrate why the court did so: “Ensuring access to justice is the greatest challenge to the rule of law in Canada today. Trials have become increasingly expensive and protracted. Most Canadians cannot afford to sue when they are wronged or defend themselves when they are sued, and cannot afford to go to trial.”
http://www.claimscanada.ca/issues/article.aspx?aid=1003764788&er=NA
OW and ODSP Rate Increases
At the end of January 2015 rates for OW and ODSP will go up. Single OW recipients will receive $30 more, and other OW recipients will receive a 1% increase. ODSP recipients get a $12 increase.
Male doctors more than twice as likely as female doctors to face legal action: study
The heightened number of cases amongst men has been consistent for the past 15 years