Great news: October 6, 2017 in Personal Injury firm Smitiuch’s The Disclosure Blog states: A recent arbitration decision by the Financial Services Commission of Ontario (FSCO) has ruled that the Minor Injury Guidelines within the Statutory Accident Benefits Schedule (SABS) are unconstitutional.
In the decision, Abyan and Sovereign General [FSCO A16-002657], Arbitrator Benjamin Drory was asked to consider whether Sections 3 and 18 of the SABS unjustifiably infringe upon Sections 7 and/or 15 of the Canadian Charter of Rights and Freedoms.
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“MIG is Unconstitutional”
Insurance rates continue to climb as benefits go down
Ontario drivers are paying more for auto insurance but getting fewer benefits, despite previous promises from the provincial government to reduce premiums by 15 per cent, says Toronto personal injury lawyer David Derfel.
“It was a bait and switch,” says Derfel, founder and principal of Derfel Injury Law LLP.
http://www.advocatedaily.com/d
Kanetix.ca Releases 2017’s Most Expensive Cities for Auto Insurance in Ontario
TORONTO, Oct. 10, 2017 /CNW/ – There are a lot of variables that go into determining your car insurance premiums including your driving record, insurance history, the make and model of your vehicle, and how likely it is to get stolen to name just a few. Another important factor that matters is where you live. But how much does where you live truly matter?
Seat belt Use Reduces the Risk of Catastrophic Injury and Death
We often think of wearing a seatbelt to save us from hitting the steering wheel or dashboard in the car in an accident. The primary use of them though is to keep you in the car. A recent accident in the area that involved several people being ejected from their car into oncoming traffic is a good example of what can happen when you are in an accident and not wearing a seatbelt.
Strict Matching the Deduction of SABs Awards from Tort Settlements Considered
Two jury verdicts on damages from car accidents were heard before the Ontario Court of appeal. The decisions in El-Khodr v Lacke and Cobb v. Lond Estate both released on September 19, 2017.
The Court of Appeal was asked to consider when SABs benefits can be deducted from jury awards – specifically what are the circumstances under which the statutory accident benefits can be assigned or deducted from jury awards to the defendant after trial.
Court of Appeal case reinforces protections against biased expert testimony
Expert witness testimony can have a huge impact on personal injury trials. Members of a jury, after all, are unlikely to be proficient in the expert’s field, and as such must accept the witness’s testimony as accurate. Unfortunately, many Ontario personal injury lawyers have encountered biased or unfair expert witnesses at some point in their careers. Experts who deliver testimony tailored to the defense’s arguments are known as “hired gun” witnesses.
https://www.willdavidson.ca/on
Legal community watching class action
A proposed class action against a Toronto personal injury firm has been closely watched by the legal community because of the dispute over whether costs can be part of a retainer agreement in addition to amounts paid out as a result of a contingency fee.
http://www.lawtimesnews.com/au
Public Transportation Accidents: Get the Information You Need
For many of us that live in the GTA, taking the TTC is essential to get back and forth in the busy city. Unfortunately, this also puts us at risk for public transportation accidents.
Millions of people in Toronto step onto TTC vehicles every year. From getting to work to buying groceries or meeting friends, every day we rely on public transportation.
What the jury isnt told
Often times, your personal injury lawyer can settle your case outside of court. However, if the case does make it to trial, most personal injury car accident trials in Ontario proceed with a jury. While hundreds of potential jurors can receive notice in the mail requesting them to show up at court for jury duty, only a handful are selected at random (by ballots) to be jurors. Lawyers of both the plaintiff and defendant can challenge a juror for whatever reason they choose, up to the maximum of 4 jurors.
Ontario Boosting Nursing, Personal Support in Major Expansion of Home Care
Ontario is strengthening home and community care across the province for patients and their families, by increasing access to services by an estimated 2.6 million additional hours and developing new patient- and family-friendly supports.
Dr. Eric Hoskins, Minister of Health and Long-Term Care, was at Kensington Gardens in Toronto to announce a major new expansion of home care supports and services across Ontario.