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Latest News Articles

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Courts cracking down on abuse of process

Canadian courts are becoming more willing to deal with abuse of process in order to protect the integrity of the justice system,” says Toronto litigator François Sauvageau.

As this case outlines, abuse of process is “the bringing of proceedings that are unfair to the point that they are contrary to the interest of justice” or could be considered as “oppressive treatment,” says Sauvageau, president and CEO of CTL Law.

http://www.advocatedaily.com/franois-sauvageau-courts-cracking-down-on-abuse-of-process.html

SABS Summaries – October 2017

http://www.brownandpartners.ca/wordpress/wp-content/uploads/2017/10/SABS-Summaries-October-2017.pdf

Insurer’s appeal reflects complete misunderstanding of the role of appeal


CAT APPEAL:  Guarantee’s submissions reflect a complete misunderstanding of the role of an appeal; Guarantee’s submits that the Arbitrator should review all the exhibits, including the medical reports and videotapes, as well as the untranscribed oral evidence, and make new findings of fact, is therefore mistaken, and its submissions are largely misbegotten on that account; the decision stands

https://www.deutschmannlaw.com/blog/post/insurers-appeal-reflects-complete-misunderstanding-of-the-role-of-appeal

Examinations for Discovery in Personal Injury Cases (Ontario)

Understanding what it means to participate in an Examination for Discovery, and why a discovery is important for your personal injury case, will help you better understand and make you feel more comfortable with your case. An understanding and more comfortable client will perform better when it matters most.

https://www.torontoinjurylawyerblog.com/2017/10/examinations-discovery-personal-injury-cases-ontario.html

Concussed? Best prescription is patience, Western University pair says

Not so fast.

If your child gets a concussion playing hockey, going back on the ice after they’ve passed the tests at the doctor’s office may be too early, new research suggests.

The take-away for parents from the Western University study released Wednesday of young hockey players, ages 11 to 14, is that young brains can still be healing long after everyone thinks it’s fine for the kids to play again.

http://www.thewhig.com/2017/10/26/concussed-best-prescription-is-patience-western-university-pair-says

Court of Appeal Clarifies 2015 Amendments to Insurance Act, Saving Insurers Big Money

The El-Khodr v. Lackie trial decision was a win on pre-judgment interest for accident victims in Ontario after the 2015 amendments, but that has now been overruled by the Court of Appeal two recent decisions. The Court of Appeal heard the El-Khodr appeal along with the Cobb v. Long Estate appeal because of common issues.

http://www.hshlawyers.com/articles/court-of-appeal-clarifies-2015-amendments-to-insurance-act-saving-insurers-big-money/

Insurers Not Obliged to Advise Insured of Appeal Deadlines

An important recent decision from the Ontario Court of Appeal highlights a vital fact for insured persons:  An insurer that has denied or discontinued benefits is under no legal obligation to advise the insured of the firm statutory deadline for appealing that decision by way of the courts.

http://www.vandykelaw.ca/2017/10/insurers-not-obliged-to-advise-insured-of-appeal-deadlines/

Gait Recovery following Traumatic Brain Injury using a Rhythmic Auditory Stimulation

Volunteers who have sustained a traumatic brain injury are needed for a research study investigating walking to musical rhythms.

This study is conducted by Dr. Kara Patterson and her research team.

https://relearnlab.wordpress.com/research/gait-recovery-following-traumatic-brain-injury-using-a-rhythmic-auditory-stimulation/

Universal Basic Income is better than a minimum wage increase

Last week, an opinion piece was written in The Brock Press about the increase to the minimum wage. The wage in Ontario increased by 20 cents to $11.60 per hour for most workers ($10.90 per hour for students under 18, and $10.10 for liquor servers) on October 1 of this year and is set to increase to $15 per hour ($14.10 and $13.05 respectively) as of January 1, 2018. Last week’s article argued that the increase was not reasonable and likely would not help as much as the Wynne government believes.

http://www.brockpress.com/2017/10/universal-basic-income-is-better-than-a-minimum-wage-increase/

J.D. Power: customers too slow to adopt to digital claims

Customers in the United States are still too slow to adopt digital claims reporting, despite auto insurance companies engaging in aggressive advertising and expanding digital channels.

In the J.D. Power 2017 U.S. Auto Claims Satisfaction Study, 11,857 auto insurance customers who have settled claims in the past six months. Claimants with glass/windshield damage were excluded from the study, as were road assistance claims.

https://www.shopinsurancecanada.ca/blog/news/j-d-power-customers-too-slow-to-adopt-to-digital-claims/