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  • FAIR – supporting auto accident victims through advocacy and education

Latest News Articles

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After the accident: an action plan for families

Toronto personal injury lawyer Jasmine Daya says there are few events in life that evoke more fear than a call from a hospital advising that your loved one has been in a car accident and has sustained a catastrophic injury.

http://www.advocatedaily.com/jasmine-daya-after-the-accident-an-action-plan-for-families.html

Insurance coverage issues after you’ve been sued in Ontario

In this article, I will discuss what you need to know about being sued in Ontario and how your insurance policy will come into play, including what to do if your insurance company denies coverage or asks you to sign a non-waiver agreement.

http://www.advocatedaily.com/michael-lesage-insurance-coverage-issues-after-youve-been-sued-in-ontario.html

A Costly Change: Costs Challenges in Accident Benefits Cases

On June 1st 2016, significant changes were made to Ontario’s Statutory Accident Benefits Schedule (SABS). One of these changes was substituting the venue for arbitrations from the Financial Services Commission of Ontario (FSCO) to the License Appeal Tribunal (LAT). Since then, a number of significant LAT decisions have been released highlighting how the landscape of accident benefits has changed. One significant area of change is the issue of costs awards.

https://www.mcleishorlando.com/blog/costly-change-costs-challenges-accident-benefits-cases/

When are accident injuries catastrophic?

A recent decision reminds claimants and their counsel that injured people can be declared “catastrophically impaired” without losing all useful functioning, says Toronto personal injury lawyer Fabio Longo.

In the Financial Services Commission of Ontario (FSCO) case, the director’s delegate upheld an arbitrator’s decision to designate Longo’s client catastrophically impaired under the Statutory Accident Benefits Schedule (SABS), after the woman’s insurer appealed the original decision, citing concerns about her continued post-accident abilities.

http://www.advocatedaily.com/fabio-longo-when-are-accident-injuries-catastrophic.html

LAT uses incorrect standard of proof, reconsideration allowed – AT v Aviva – 16-001934 v Aviva

On March 15, 2017, the LAT issued its final decision in this matter arising under the SABs).  The main issues before the Tribunal were whether AT was entitled to certain medical benefits, specifically chiropractic and massage therapy treatment, as well as the cost of an examination for a chronic pain assessment.  The Tribunal determined that AT was not entitled to any of the claimed medical benefits, but found that AT should receive the chronic pain assessment.  Aviva asked that the decision be reconsidered.

https://www.deutschmannlaw.com/blog/post/lat-uses-incorrect-standard-of-proof-reconsideration-allowed-at-v-aviva-16-001934-v-aviva

How the Perception of Injustice Keeps Injured People Disabled

When you’re injured in a car accident in Ontario, the insurance provider has the right to request an assessment from a provider they have selected; these are called insurer examinations, and I used to do a lot of them.  Typically, I was asked to see people who didn’t seem to be progressing fast enough, two years after the accident.  Most had some combination of both physical injuries and psychological issues, including depression, anxiety, trauma, and pain disorders.

http://centralontariopsych.ca/our-blog/how-the-perception-of-injustice-keeps-injured-people-disabled

Concussion Is Brain Injury: Treating the Neurons and Me

Shireen Jeejeeboy shares her journey and discoveries to give hope to those who have suffered from concussions and the people who care for them.

Lawyer Jeremy Diamond appeals professional misconduct reprimand

Jeremy Diamond, the high profile personal injury lawyer and face of Diamond & Diamond law firm, is appealing a decision by Ontario’s legal regulator to reprimand him for engaging in professional misconduct.

https://www.thestar.com/news/canada/2017/10/20/lawyer-jeremy-diamond-appeals-professional-misconduct-reprimand.html

Think you’re paying too much for insurance? Blame your neighbours

If you live in Ontario and think you pay too much for auto insurance, what if I told you your biggest problem might be your neighbours?

http://driving.ca/auto-news/news/think-youre-paying-too-much-for-insurance-blame-your-neighbours

IE’s Not Medically Warranted and Will Result in Further Delays to Hearing of Case

Mr. Almasouwi  was injured in a car accident on December 22, 2009.  He applied for SABs however when TD terminated certain benefits Mr. Almousawi applied for arbitration at the FSCO. Mr. Almasouwi has undergone a multidisciplinary assessment at the request of TD General to determine if Mr. Almasouwi is catastrophically impaired (CAT assessment), as well as his own CAT assessment.

https://www.deutschmannlaw.com/blog/post/ies-not-medically-warranted-and-will-result-in-further-delays-to-hearing-of-case-1