Author Archives: Admin2

October 3, 2019

by Admin2

Applications Open for New FSRA Stakeholder Advisory Committees

TORONTO, SEPTEMBER 27, 2019 – FSRA is creating six Stakeholder Advisory Committees (SACs) this fall to serve as consultative bodies to FSRA’s Board of Directors. Today, we are launching the application process for these committees.

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V1102 – The Insurer’s Obligation to Give Medical and All Other Reasons for Treatment Plan Denials

Insurers are required to give their claimants determination notices within 10 business days of receiving treatment and assessment plans. Such notices must identify the items for which the insurer agrees to pay and must also identify any items that are denied.  If there is a denial, then the insurer is required to provide “the medical reasons and all of the other reasons why the insurer considers any goods, services, assessments and examinations, or the proposed costs of them, not to be reasonable and necessary.” 
 
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V1101 – A Dialysis Refusal Leads to Death: A Review of the Definition of an “Accident”

What is an accident for the purpose of an accident benefits claim in Ontario? This question has been addressed at the courts, FSCO, and the LAT on many occasions. 
 
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Self-Regulation: Who Watches the Watchers?

The Rules of Professional Conduct state that “A lawyer has a duty to carry on the practice of law and discharge all responsibilities to clients, tribunals, the public and other members of the profession honourably and with integrity” (Rules 2.1-1). The Rules commentary expands on this statement, noting that, “a lawyer’s conduct should reflect favourably on the legal profession, inspire the confidence, respect and trust of clients and of the community, and avoid even the appearance of impropriety”. 
 
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Regulator reviewing the role of MGAs in the sales process

While Ontario’s new financial regulator will not license managing general agencies (MGAs), it is taking a look at the entire sales process as part of its insurance conduct initiatives. 
 
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Judge orders Trial to determine Liability for Multi-Car Collision that causes Chronic Pain 

A recent lawsuit arising from a multi-car rear-end collision highlights the fact that even car accidents that involve no apparent vehicle damage or personal injury can later evolve into significant legal issues for the parties involved in the accident.  For some injuries, including neck, back and soft-tissue injuries, accident victims may not feel symptoms or realize they have suffered a long-term injury until days after an accident. 
 
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AI diagnosis technology a potential boon for accident victims

U.K.-based magazine Autocar reports that vehicle manufacturer Hyundai is developing technology designed to alert emergency services to the specific details of the occupants’ injuries immediately following an accident. 
 
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Changes to OHIP take effect: What you need to know

Changes to the Ontario Health Insurance Plan (OHIP) are now in effect, leaving several services unfunded for coverage. 
 
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Appropriateness Working Group Recommendations

Established by the Kaplan Board of Arbitration, the physician-led Appropriateness Working Group (AWG) reviewed several OHIP-insured services. The AWG used evidence, best practices and expert opinion to identify and update the delivery of certain services to help ensure the most effective care for Ontario patients.  
 
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Health care, social service groups unite to fight Ford government’s proposed welfare changes

An unprecedented coalition of more than 80 Ontario health care and social service organizations is urging the Ford government to reverse a proposed welfare change that could deny disability support to tens of thousands of people with cancer, HIV and mental illness. 
 
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Ford government cancels planned cuts to social assistance payments

The Ford government is scrapping controversial cuts to welfare for vulnerable children and adults with part-time jobs as part of a broader review of Ontario’s social assistance system, the Star has learned. 
 
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Former Kitchener neurologist charged with 34 counts of sexual assault

Jeffrey Scott Sloka, 50, was arrested on Tuesday morning by Waterloo Regional Police’s special victims unit in connection to an ongoing sexual assault investigation. 
 

October 1, 2019

by Admin2

Revisions to Ontario’s Auto Insurance Plan are Problematic

The proposed cahnges to car insurane laws by the Ontario governemnt are raising concerns from lawyers of all stripes. These cahnges are being made by the government in reaction to a currently broken system. They are supposed to increase access to benefits more quickly and to result in lower insurance premiums. Consensus is that the changes will not deliver on either goal. The Law Times News has summarized concerns concisely. 
 
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Province’s auto insurance proposal flawed: TLA president

A proposal to allow drivers to reduce their auto insurance premiums by dropping their coverage to $1 million is problematic, Toronto Lawyers Association (TLA) president Margaret Waddell tells Law Times. 
 
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Who pays for car accident injuries?

When someone gets injured in a car accident, the at-fault driver who caused the collision is usually responsible for providing compensation to the injured victim. Fortunately, drivers carry insurance to protect them if they cause an accident and need to pay compensation to an injured person. 
 
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Supreme Court agrees auto insurance companies can’t retroactively rescind contracts

Canada’s highest court has upheld a lower court’s ruling that auto insurance providers can’t retroactively rescind insurance policies without just cause and at least 15 days notice. 
 
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Intact loses court battle over voiding auto policy for misrepresentation

If an Ontario auto insurer discovers a client made a material misrepresentation or non-disclosure in its application, could the insurer treat the policy as invalid to being with? 
 
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Solving Coverage Issues

As cases continue to become more challenging in traditional personal injury areas such as motor vehicle litigation, it is not surprising that increasing numbers of lawyers are turning their attention to long-term disability law in an attempt to maintain or grow practices. Given Canada’s aging population, it is reasonable to assume that we will see an increasing number of these sorts of cases going forward. It is important for injury lawyers to realize that disability litigation is profoundly different than motor vehicle or slip and fall actions. LTD litigation is primarily a lawsuit about breach of contract, as opposed to the more common tort-based actions that most plaintiffs’ counsel more commonly pursues. 
 
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The Personal Injury Law Firm Funding Gap

Even the most successful personal injury law firms must contend with significant unpredictability in their cash flows. These firms wait years on average to realize their contingency fees on successful files while absorbing the losses on the losers. In the interim, they bear the burden of onerous overhead costs: the salaries and wages, rent, marketing and other expenses that keep the lights on and clients walking through the door. If these fixed investments represented a vehicle, then disbursements would be the fuel required to keep the vehicle in motion. 
 
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Loss of cash settlements in auto insurance claims of concern to Law Times’ readers

Earlier this month, the Federation of Ontario Law Associations and the Toronto Lawyers Association made submissions to the provincial government about proposed changes to auto insurance laws, questioning whether the policies could achieve the goal of reducing premiums. The so-called “Care, Not Cash model” could pose access to justice issues, amid exclusion of cash settlements and cost recovery at the Licence Appeal Tribunal. 
 
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‘The crisis is already here’: Advocates say unpaid caregiving should be an election priority

One of the country’s top geriatricians, who says the plight of unpaid caregivers in Canada is a national crisis, is calling on the federal parties to commit to a national seniors’ strategy that includes support for caregivers as one of its main pillars. 
 

September 26, 2019

by Admin2

David Marshall on why Quebec’s auto insurance system works — and Ontario’s doesn’t

Ontario’s hybrid no-fault/tort insurance system has created a fundamental misunderstanding between private insurers and consumers over the purpose of insurance, which is driving up costs for insurers and consumers alike, says the former Liberal government’s special advisor on auto insurance. 
 
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25-day auto rate approvals? You’re not dreaming….

There’s a new sheriff in town, and Ontario’s freshly-minted auto insurance regulator is gunning for auto rate approvals in 25 days instead of the usual six months. 
 
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‘Boilerplate’ reasons for denying auto claims don’t cut it: Court

Ontario’s Divisional Court ruled this week against Aviva Canada, which wants to challenge a Licence Appeal Tribunal ruling in favour of an auto accident benefits claimant. The case involves how Aviva denied the claim, which was to check a box labelled “medical reason,” with a short, boilerplate descriptor next to the ticked box. 
 
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Half of Canadians admit to using their phone while driving, survey finds

A survey of Canadian drivers has found 53 per cent admitted to driving while distracted by their cellphones at least once in the first three months of 2019. Only 38 per cent of respondents said the same thing last year. 
 
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Your Comprehensive Guide to Catastrophic Injury

Injuries designated as catastrophic are generally those that will impact the rest of your life, such as an amputation, brain damage, or spinal cord damage. Catastrophic injuries often require months of recovery time, rehabilitation, and potentially even a lifetime of at-home care. Despite your trauma and the possibility of never leading a normal life again, insurance companies will often try to deny your catastrophic injury claim. They are focused on making a profit, and paying full catastrophic injury benefits is not in line with the goal of making money. 
 
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Expect social media posts to be produced in injury claim

Private investigators and social media mining are common tactics used by insurance companies to bring the severity or existence of a plaintiff’s injuries into question, says Ontario personal injury lawyer Dale Orlando. 
 
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How to Delete Facebook Account Permanently

You might have concerns over your online privacy, you are fed up with never-ending status updates from old college friends, or you have realized half of what happens on Facebook isn’t that cool after all. 
 
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Brain injury is linked to developing dementia and Alzheimer’s decades later

Research continues to confirm what many healthcare professionals have suspected for a while p that even one brain injury increases the risk of developing dementia decades later. This is not good news for many of us who have had mild brain injury (concussion) or major brain injury. Many of us will have received a concussion while playing sports in our youth, or later in car accidents or workplace injuries. A leading source of brain injury is assault and those victims may suffer twice from another’s thoughtless act of violence. 
 

September 24, 2019

by Admin2

Reforming Medical Assessments for Automobile Insurance Accident Benefits

Earlier this year, the Ontario Government announced in its budget the intention to reform a number of areas of Ontario’s automobile insurance system. The budget stated that the province will seek to “reform the flawed medical assessment process to bring credibility and accountability to the assessment that injured claimants must undergo after an accident.” 
 
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Province’s auto insurance plan deemed problematic by lawyers

Some of the Ontario government’s proposed changes to auto insurance laws will not reduce insurance costs and premiums, the Federation of Ontario Law Associations said. 
 
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Ontario’s Punish The Innocent Auto Insurance Laws

Doug Ford’s recent budget focused on bringing auto insurance premiums down, but ignored the sleight of hand on the other end: for those who are injured and actually need help. What is missed is that our current laws punish the innocent and let the guilty off scott-free.  While you might agree that the insurance industry needs deductibles, you may be surprised that the innocent are paying 100% of them, while the guilty pay $0. 
 
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Open Letter to Finance Minister Rod Phillips Concerning the Latest Auto Insurance Review

Auto insurance in Ontario is segmented according to nine lines of coverage. Our submission focuses on the two lines which represent the largest percentage of claim costs, they being the Statutory Accident Benefit and Third Party Liability-Personal Injury lines. According to FSCO, in the 2015, 2016 and 2017 calendar years, those lines, respectively, accounted for 58.1%, 56.2% and 52.4% of auto insurance claims costs.
 
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How good are estimates of industry-wide insurance fraud?

Insurers really don’t know how much money fraud is costing them.

“In Ontario, we have to rely on other jurisdictions to try and quantify it because we are so lousy at it,” said Gordon Rasbach, former vice president of property and claims fraud at Aviva Canada, during a recent panel discussion.

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Think ‘no-fault’ means it’s not your fault? Think again

In many parts of Canada, your auto insurance (or parts of it) is called “no-fault”. Seems clear enough, right? When no-fault divorce was introduced, it meant you didn’t have to prove you’d been neglected or abused or fooled around on. 
 
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Continuity of Care 
On September 20, 2019, the CPSO approved a suite of four policies and one Advice to the Profession companion document. The policies outline the mandatory regulations (the “musts”) and the companion document suggests optional best practices and advice. 
 
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What you need to know if you have a disability and want to vote

If you’re one of the six million or so Canadians who identify as having at least one disability, there are new tools and services available to help you vote. 
 

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Brophy v. Harrison, 2019 ONSC 4377 (CanLII), http://canlii.ca/t/j1kb9 
 
[1]               The plaintiff brought this action for damages sustained as a result of a motor vehicle collision which occurred on March 24, 2014.  The action was tried by a jury.  Both liability and damages were at issue.
[6]               No offer to settle was forthcoming from the defendant.  There was not even an offer to go without costs, which effectively left the plaintiff with no choice but to proceed to trial to seek recovery for her injuries.  This is of course a fully defensible position for the defendant to take, but it may have concomitant consequences.
[7]               The trial was adjourned twice at the request of defence counsel – the first to accommodate their expert who was unable to attend; the second because defence counsel was conducting another trial. 
[8]               Given that the plaintiff did not beat her formal offer of $75,000.00 plus costs and disbursements, Rule 49 is not engaged.  The plaintiff was, however, successful against the defendant on damages and liability, and thus is entitled to her costs on a partial indemnity basis.
[30]           The defendant took what I would view to be a hard-ball approach to this claim, and now must accept the consequences of that decision.
[31]           After considering all of the above, the plaintiff is awarded costs in the amount of $210,587.20, plus disbursements of $64,869.40 (both figures inclusive of HST), for a total of $275,456.60.  There has been no reduction for costs thrown away for trial preparation.
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Rodrigues v. Purtill, 2019 ONCA 740 (CanLII), <http://canlii.ca/t/j2hbh>  

[7]         Third, the appellant says that the trial judge improperly considered the evidence of a registered psychologist and a specialist in the treatment of children, who gave evidence on whether the injuries to the children met the threshold. Section 4.3 of the regulation refers to such evidence being given by a “physician”.
[8]         The statutory threshold for non-pecuniary loss, s. 267.5(5), requires the court to determine whether there has been a “permanent serious impairment of an important physical, mental or psychological function.” Section 4.2 of the Regulation sets out the criteria to be applied in determining whether there has been a permanent impairment of such a function. Section 4.3 requires that the plaintiff adduce the evidence of one or more “physicians” who are “trained for and experienced in the assessment or treatment of the type of impairment” alleged. The plaintiff must also adduce evidence to corroborate the change in function that is alleged to be a permanent serious impairment of an important physical, mental or psychological function.
[9]         In the particular circumstances of this case, we do not give effect to this ground of appeal. We note, first, that the evidence of the psychologist was led by the plaintiffs, without objection by the appellant. The trial judge qualified the psychologist as an expert, capable of giving expert evidence on the issues. The appellant took no objection to the witness’s qualifications and the issue was not raised until closing arguments. The failure to object, when the witness was qualified, can reasonably be taken to be an acknowledgment that the witness was qualified to give the opinion she tendered.
[10]      Second, as the respondents note, evidence of psychologists has been accepted in other such cases, without objection: see e.g. Podleszanski v. Medley (2007), 2007 CanLII 46714 (ON SC), 88 O.R. (3d) 294 (Sup. Ct.); Hayden v. Stevenson, [2009] O.J. No. 2571 (Sup. Ct.); Zhu v. Matador, 2015 ONSC 178 (CanLII); and Mamado v. Fridson, 2016 ONSC 4080 (CanLII). The appellant has pointed to no authority holding that the requisite evidence must be given by a medical doctor as opposed to a psychologist.
[11]      Third, the psychologist’s evidence was confirmed by the evidence of the appellant’s own expert psychiatrist, which satisfied the requirements of the threshold.
[12]      We therefore find it unnecessary to consider the respondents’ submission that a psychologist can be considered a “physician” for the purpose of s. 4.3 of the Regulation.
[13]      Arguably, what is important for the purposes of the application of the legislation and the regulation is not whether the expert is labelled a “doctor”, a “physician”, a “psychiatrist” or a “psychologist”, but whether he or she has the requisite training and experience to assess the impairment, apply the established guidelines and standards of the profession, and to give expert evidence on the application of the criteria set out in the regulation to a particular case. The trial judge would make that determination in the exercise of his or her gatekeeping role over expert evidence. The purpose of the legislation might well support an interpretation of “physician” that would include a “psychologist”. In the circumstances of this case, however, we do not find it necessary to decide this issue.

September 19, 2019

by Admin2

ORA Response to the Consultations on Implementation of the $2 mil CAT benefit and Care, Not Cash

About the ORA: The ORA represents primarily small to medium sized healthcare businesses that collectively employ upwards of 4000 healthcare providers including Regulated Health Professionals from all disciplines, social workers, personal support and rehabilitation support workers.  
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Why insurers say auto premiums could come down

Auto premiums in Canada rose more than 10% last year as loss ratios continue to climb, but some carriers are thinking about what to do if auto revenues come back down, an industry watcher suggests. 
 
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How to make a good first step in the fight against auto fraud an even better one

The launch of Canadian National Insurance Crime Services [CANATICS] was a good move in the fight against auto claims fraud, but Canada is still at a disadvantage to other countries, a former police detective and senior Aviva claims executive said Wednesday. 
 
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Case demonstrates usefulness of anti-SLAPP legislation

A recent case involving an employee who spoke out against alleged discriminatory practices at a large insurance company demonstrates an appropriate use of Ontario’s anti-SLAPP legislation, says Toronto defamation lawyer Brian Radnoff. 
 
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CICB to cease accepting applications on Oct. 1

Beginning Oct. 1, individuals seeking compensation for costs that result from being a victim of crime should contact the Victim Quick Response Program +, according to an announcement on Sept. 6 from Social Justice Tribunals Ontario. 
 
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Brain Injury Guidelines

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Following the Bent/Platnick case? There’s been a lot of interest in the upcoming SCC anti-slapp case. 
See: https://www.scc-csc.ca/case-dossier/info/dock-regi-eng.aspx?cas=38374
Background:
our letter to MPPs in 2014 http://www.fairassociation.ca/wp-content/uploads/2016/12/Letter-to-MPPs-regarding-medical-file-manipulations-Dec-23-2014.pdf
More:  http://www.fairassociation.ca/2019/04/assessors-medical-opinion-evidence-libel-and-public-interest-case/  

September 17, 2019

by Admin2

Court of Appeal rules auto insurer not liable for parental negligence claim stemming from accident

In Hunt v. Peel Mutual Insurance Company, 2019 ONCA 656, a person injured in a motor vehicle accident sued her father for negligent parenting for allowing her to ride with a drunk driver. The drunk driver was the father’s girlfriend, and the father was also in the car. Bradley Hunt, the father, sought a declaration that his girlfriend’s insurance company – Peel Mutual Insurance Company – had a duty to defend him in the lawsuit.
 
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Aviva Insurance Company v Wawanesa Mutual Insurance Company, 2019 ONCA 704: Who is a “lessee” under priority rules? by Dakota Forster

The case arose out of a motor vehicle accident in which a rental truck, owned by rental company New Horizons aka Discount Car and Truck Rental, and insured through Aviva, was driven by one Mr. Mahamood to make furniture deliveries for a company called Fine Furnishings. Fine Furnishings was insured by Wawanesa. In the process of making his deliveries, Mr. Mahamood rear-ended one Mr. Liu. Mr. Liu sued Mr. Mahamood, New Horizons, and Fine Furnishings in a negligence claim.
 
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Judges & insurers disagree: Who really rented this truck?

A 2018 Ontario court ruling in favour of Wawanesa, arising from a collision involving a truck rented to deliver furniture, has been overturned on appeal.
 
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What to Expect at the Mediation of your Personal Injury Claim – One Lawyer’s Perspective

After years of litigation, I have noticed that clients look forward to mediation with great anticipation. It is the day they hope to see their case resolved. While not all cases settle at mediation, almost all lengthy personal injury claims involve at least one mediation before going to trial.
 
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2019 Ontario Highway Traffic Act Changes In Fines

I’ve written before about some changes in the rules of the road and the fines that go with infractions resulting from people breaking them. Distracted driving, for example, has increased a lot, and so have the fines, demerit points, and license suspensions no matter where you are in Ontario.
 
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The Challenges of Arguing Cannabinoid Treatment in Personal Injury Claims

Despite its history as a potentially effective and viable medical treatment, including but not limited to treating pain, nausea and vomiting (with less side effects than traditional medication), cannabinoid treatment was (and still is) demonized by members of the public. It is clear that additional research is needed to address the limitations and benefits of cannabinoid treatment. That said, the benefits of cannabinoid treatment are very prevalent to many people facing chronic pain and other serious illnesses.
 
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Back and Neck Pain After a Car Accident – What happen when your claims are denied?

Back pain is one of the most common complaints after a car accident. The sudden impact of a car crash causes serious jolts to your body. You may slam into the dashboard, the door, airbag, or the seat itself. The seatbelt locks up and causes more forces against your body, and finally the recoil from the impact also generates great force on your body and spine.  These can all cause damage to your neck and back. The damage may be temporary or permanent.
 
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Purdue Pharma, maker of opioid painkiller OxyContin, files for bankruptcy

Purdue Pharma, the company that made billions selling the prescription painkiller OxyContin, filed for bankruptcy in White Plains, New York, days after reaching a tentative settlement with many of the state and local governments suing it over the toll of opioids.
 
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How to Protect Your Privacy Online

Privacy matters. Keeping our digital lives safe from prying eyes is one of the most important and critical issues that we all face in an age defined by a full-frontal assault on our right to privacy and the proliferation of mass surveillance.
 
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Sharing our Recovery
A quarterly newsletter designed to support victims, survivors, caregivers and loved ones of motor vehicle collisions.
 

September 12, 2019

by Admin2

Ontario auto changes could be ‘slow to implement’

Ontario may have a new auto insurance regulator, but don’t expect conditions in that market to improve overnight, A.M. Best Company Inc. suggested in a report released Thursday. 
 
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When You Can’t Get Out of Bed with Your Insurer – Our current government’s “care not cash” proposal

The history of the Statutory Accident Benefits Schedule (SABS) can’t be recited here in detail but suffice to say that since its inception each government has once or multiple times made changes to the SABS. 
 
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Brian Goldfinger on the misfortune of two or more accidents (Ontario)
In the world of Plaintiff personal injury law, it’s not uncommon for cases to last a year,  to multiple years. Depending on the severity of the injury, the complexity of the case, the number of parties involved in a case, along with the willingness (or lack thereof) of the parties to settle, personal injury cases can take a lot of time. 
 
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No Jurisdiction at the LAT for Arbitration Proceedings: Commenced but not Completed at FSCO

The transition of the forum for Statutory Accident Benefits disputes from the Financial Services Commission of Ontario (“FSCO”) to the Licence Appeal Tribunal (the “LAT”), effective April 1, 2016, was not as seamless as anticipated and continues to be the subject matter of ongoing adjudication.  Transitional issues involve the impact of the 90-day period post-mediation, limitation periods and the jurisdiction of the LAT to hear disputes commenced at FSCO but not completed at FSCO. 
 
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The place where insurers are seeking double-digit auto rate increases

Auto insurers asking for double-digit increases from New Brunswick’s regulator could face some hard questions during hearings this fall. 
 
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“Troublesome” ICBC Surveillance Practices Come Under the Judicial Microscope

In the recent case (Williams v. Sekhon) the Plaintiff sustained serious and disabling injuries in a 2013 collision that the Defendant accepted fault for.  In the defence of the claim the Defendants insurer, ICBC, conducted a ‘troublesome‘ amount of surveillance into the Plaintiff’s life.  The Plaintiff requested that special costs be awarded for this. 
 
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Request for Public Comments on the New Proposed Definition of Pain

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State Farm Mutual Insurance Company v. Kulaveerasingam, 2019 ONSC 5223 (CanLII), http://canlii.ca/t/j2b8s  

[4]               The respondent was in receipt of $400 per week in income replacement benefits (IRB) from the applicant after a ruling of arbitrator Pressman of the Financial Services Commission of Ontario (FSCO) of February 6, 2015.  Subsequently, the respondent received notification on November 24, 2015 of her eligibility for CPP benefits, and she in turn notified the applicant on December 21, 2015.
[5]               On January 26, 2016, February 16, 2016, and March 8, 2016 the applicant sent to the respondent “Explanation of Benefits (OCF-9)” notice letters, seeking repayment of IRB monies as a result of CPP payments that she had retroactively received. 
[6]               At the time, respondent’s counsel took exception to the notice provided to the respondent by each of those letters for various reasons.  The respondent continues to dispute their validity.  The parties agree that an invalid notice disentitles the applicant from clawing back overpayments received by the respondent.  The applicant nevertheless resorted to s. 287 of the Insurance Act to start deducting amounts as repayment from its ongoing IRB payments to the respondent, even though that provision required the consent of the respondent or a favourable variation order from the FSCO to make such deductions, neither of which the applicant had received.
[15]           In our view, on a reasonableness standard, Director’s Delegate Lee was entitled on the evidence, the authorities and in this legislative framework to find each of the applicant’s notices to the respondent to be insufficient and invalid, and to distinguish the ruling in Marianayagam.  We cannot say that these determinations were unreasonable, particularly given that the repeated errors in three different notice letters from the applicant were made even as counsel for the respondent repeatedly sought to correct the applicant.  No significant errors should have remained by the third letter, and it does not render the remaining errors “substantially correct” that they were less egregious than the ones that came before.

September 10, 2019

by Admin2
REMINDER – The consultation closes on September 17, 2019

Ministry of Finance is seeking public input on two key reforms of the Driver Care Plan that were included in the Putting Drivers First blueprint:

  • The Care, Not Cash default; and
  • The return to the $2M catastrophic impairment default benefit limit.

These reforms would ensure that consumers have enough auto insurance coverage to protect themselves and their families in the event of an auto accident, and injured claimants would receive faster access to treatment and care.  

Public consultation papers have been posted to the Regulatory Registry that provide additional information on the government’s plans regarding these reforms. This is your opportunity to share your views on how these two proposals can be implemented in a way that puts drivers first.

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Court of Appeal affirms supremacy of Licence Appeal Tribunal

The Ontario Court of Appeal confirmed the exclusive jurisdiction of the Licence Appeal Tribunal for claims about statutory accident benefits, tossing an appeal from an injured person pursuing her insurer for breaching duty of good faith. 
 
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Delays plaguing personal injury class actions

The Law Commission of Ontario recently released a report evaluating the effectiveness of the Class Proceedings Act and found that delays are plaguing the process. 
 
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Think twice before you hand your phone to police to show auto insurance, experts say

The province announced last week that Ontarians can now carry auto insurance information on their smartphones instead of relying on paper copies. Finance Minister Rod Phillips heralded the convenience that move will bring — but privacy watchdogs aren’t exactly doing back flips about it. 
 
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Tories propose changes to ambulance and 911 services 

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Brian Goldfinger on Back to School & Vision Zero in Toronto

September means back to school time. It can also mean back to work time for many adults who have take a summer vacation. That means our commutes are more crowded on the roads. Increased volumes of motorists, pedestrians and cyclists are imminent. 
 
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Your privacy rights

Privacy is a fundamental right of every Ontarian. In order to protect that right, Ontario public institutions are required by law to protect your personal information, and to follow strict rules when collecting, using and disclosing your personal information. 
 
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Who is really behind a proposed new definition of pain?

“Look what the cat dragged in. Something only resembling damage might cause pain.” A slippery slope indeed!
 
https://www.statnews.com/2019/09/05/pain-new-definition-proposed/
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Nearly a year after legalization, many police forces slow to use new THC blood charges for impaired driving

  OTTAWA —  New and controversial criminal charges that allow police to charge drivers based on THC levels in the blood are off to a slow start in most parts of the country, provincial data shows.
 
https://nationalpost.com/news/politics/nearly-a-year-after-legalization-many-police-forces-slow-to-use-new-thc-blood-charges-for-impaired-driving

September 5, 2019

by Admin2

Ontario Keeping Its Promise to Put Drivers First

Ontario is enabling drivers to carry electronic proof of auto insurance on their mobile device, including their smartphones, as part of the Putting Drivers First blueprint announced in the 2019 Budget. 
 
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T-Bone Accidents – Dangerous and Often Hard To Determine Who Is At Fault

Car accidents usually happen very suddenly, often they are so fast that you don’t even know how they happened until after the crash. Some accidents take specially trained forensic investigators to determine who hit whom, how and how fast. One of the most difficult car accidents to reconstruct can be the T-Bone. 
 
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Five ways to navigate an insurance claim

Braxton Hicks contractions, signs of false labour, hit me like a freight train two weeks ago. Never having been through childbirth before, my fiancé and I assumed that this was the “big event,” so I grabbed a change of clothes and made my way down the street to the car. In my frantic state, with my fiancé thousands of kilometres away in Edmonton but joining me via WhatsApp, I was planning to drive myself to our assigned hospital, which is only seven minutes away from our house in Toronto. 
 
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Expert Access Solves Cashflow Issue for Law Firms and Experts

Personal injury lawyers who once depended on fairly steady cash flow are increasingly dependent on third party financing such as personal or business lines of credit to keep their practices afloat. Out of pocket disbursement expenses – particularly the costly expert reports required to develop every file – add up to significant costs for any practice and are a growing burden to carry. 
 
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What happens in an LTD lawsuit?

In my legal practice, I represent people across Ontario whose short-term disability (STD) and long-term disability (LTD) claims have been denied or terminated. My clients are often shocked and stunned when their insurance company denies their disability claim. 
 
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Injured provincial workers group bringing human rights concerns to UN

Canada is being reviewed by the United Nations Committee on the Rights of Persons with Disabilities, including allegations that Canadian workers’ compensation systems are committing a human rights violation. 
 
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Ontario Injured Workers Bring Concerns to the United Nations

“Workers compensation is a critical lifeline for people who get injured on the job,” says Steve Mantis, chair of ONIWG’s Research Action Committee that prepared the submission. “Deeming denies people the right to income security when they are unable to get back to work because of a workplace injury.” 
 
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Hope for Spinal Cord Injury Treatment

September is National Spinal Cord Injury Awareness Month.  According to the National Institute of Neurological Disorders and Stroke, “there are an estimated 12,000 spinal cord injuries every year in the United States alone; and more than a quarter of a million Americans are currently living with spinal cord injuries.” 
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Levac v. James, 2019 ONSC 5092 (CanLII), <http://canlii.ca/t/j27kj  

[7]               The Plaintiff’s claim arises from infections suffered by a group of some 21 patients who were administered epidural steroid injections by Dr. James. The class members were all infected patients at the Defendant, Rothbart Centre For Pain Care Ltd. (“Rothbart Centre”), where Dr. James practiced.

[8]               The Defendants are Dr. James, the Rothbart Centre (which is now insolvent), the Rothbart Centre’s administrator, Dr. Peter Rothbart, and 16 nurses who worked at the Rothbart Centre during the relevant time. The central issues in this motion are whether there are sufficient common issues and whether a class proceeding is the preferable procedure for the purposes of ss. 5(1)(c) and (d) of the Class Proceedings Act, 1992, SO 1992, c 6 (“CPA”).

[9]               More specifically, this case raises the question of whether statistical evidence with respect to rates of infection and evidence of Dr. James’ infection prevention and control (“IPAC”) practices can amount to proof of causation and standard of care for the purposes of tort liability, or whether the cause of each claimant’s injury must be determined individually. There is conflicting evidence as to whether or not Dr. James IPAC practices were uniformly implemented with respect to all of his patients. There is also some contentious evidence about likely sources of the infections.

For those unfamiliar with this case:
Levac v. James, 2017 ONCA 842 (CanLII), <http://canlii.ca/t/hmvrb 
Levac v. James, 2017 ONCA 842 (CanLII), <http://canlii.ca/t/hmvrb 
Did you attend the Rothbart Pain Clinic for treatment? If so, you may want to read the Toronto Star articles below.
https://www.thestar.com/news/gta/2015/12/15/toronto-doctor-at-centre-of-outbreak-loses-licence-for-10-months.html 

Discipline hearing told MD tried to thwart investigation Anesthesiologist at centre of outbreak has pleaded no contest to incompetence and dishonourable conduct. Disciplinary body is told infected patients lost mobility, independence and control of their bladders.  http://www.thestar.com/news/gta/2015/11/16/discipline-hearing-told-md-tried-to-thwart-investigation.html

Public not told of infection outbreak at private Toronto pain clinic Sat Sep 20 2014

Infection outbreak at pain clinic sparks calls for greater transparency Tue Sep 23 2014

Pain clinic doctor faces disciplinary hearing after outbreak Thu Sep 25 2014

Rothbart Centre outbreak might have started earlier: lawyer Sun Oct 05 2014

Ontario health minister orders data on clinics made public Sun Oct 05 2014

September 3, 2019

by Admin2

How Insurance Companies ‘Defend’ Car Accident Claims

If you’ve been injured in a car accident that was someone else’s fault, the law in Ontario unfortunately does not allow for automatic monetary compensation for your injuries and losses. The insurance companies that represent and defend at-fault motorists will use many tools to limit the amount of money they have to pay for claims. 
 
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What the industry can do to get out of the hard market cycle

Although regulation is one significant factor in the current hardening market conditions, that doesn’t mean the insurance industry should cry “woe is me” and wait for things to get better on their own. Instead, a pro-active approach is needed, experts say. 
 
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Time for Licence Appeal Tribunal ‘rewrite:’ Rastin

Concerns expressed in 2015 about the Licence Appeal Tribunal (LAT) assuming responsibility for accident benefits disputes have been validated, says Barrie-area personal injury lawyer Steve Rastin.

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How having a dashcam is like an extra insurance policy

CALGARY—In a video taken through the windshield of Dung Le’s 15-year-old Toyota Echo, an oncoming car breaks the monotony of a wide, nearly empty street on a quiet morning in a residential Edmonton neighbourhood. 
 
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Pain relief potential: UWindsor prof finds fruit fly pain gene

A University of Windsor professor has found a gene in fruit flies that’s involved with pain and that could help future research into pain medication. 
 
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Medication delivered by drones could be coming to Canada

A B.C. pharmacy recently completed Canada’s first-ever drone trial with pharmaceuticals. Last week, medication including a naloxone kit and an Epi-Pen were loaded onto a drone and flown about 11 minutes over the ocean from Duncan, B.C., to Salt Spring Island. 
 
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Can Traumatic Brain Injuries Be Predicted (And Prevented)? 

If you Google “traumatic brain injury”, you’ll see a lot of articles and research about sports related brain injuries, yet the reality is that the majority of brain injury cases are the result of motor vehicle accidents. 
 
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Alberta allowing cap on auto insurance rates set by NDP to expire

The province will not renew the five-per-cent cap on increases to auto insurance implemented by the previous NDP government when it expires on Saturday.