• FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education

Latest News Articles

FAIR does not accept responsibility for comments, opinions, statistical information etc. associated with the links listed below. Any opinions, points of view, etc. are not necessarily shared by FAIR.

For a complete list of recent articles, please go to our 'Media Articles' page under 'In the News'.
We are updating our site and we appreciate your patience.

Applicant fails to prove his injuries place him outside MIG – CJ v The Personal 16-002815

CJ was injured in a car accident on February 24, 2014.  He applied for accident benefits to the Personal but when the claims were denied CJ applied for dispute resolution services to the LAT.

Following the case conference, Personal approved a treatment plan dated June 18, 2017, in the amount of $2,200.00 for physiotherapy.  To date, $3,275.00 has been approved of the $3,500.00 MIG limit.

https://www.deutschmannlaw.com/blog/post/applicant-fails-to-prove-his-injuries-place-him-outside-mig-cj-v-the-personal-16-002815

Legal landscape on concussion liabilities may be shifting

Amateur and professional athletes who have suffered a concussion are generally allowed to return to sport after they complete a graded exercise protocol that focuses on , which is referred to as the return to play (RTP) protocol. The Public Health Agency of Canada recently published the Canadian Guideline on Concussion in Sport outlining these protocols, which provide recommendations – aimed at amateur participants – on “the recognition, medical diagnosis, and management of athletes who sustain a suspected concussion during a sport activity.”

https://medicalxpress.com/news/2017-10-legal-landscape-concussion-liabilities-shifting.html

Insurance company collected and used credit score for inappropriate purpose during auto insurance claims assessment process

https://www.priv.gc.ca/en/opc-actions-and-decisions/investigations/investigations-into-businesses/2017/pipeda-2017-003/

What the federal privacy watchdog did after an insurer pried into crash victim’s credit rating

Be advised that despite considerable effort on the part of one of our members and FAIR’s direct request that insurers be advised to cease using credit scores in adjusting injury claims, we have not been successful in getting the FSCO Superintendent to issue that ‘Advisory’.

Protecting Vulnerable Road Users

https://news.ontario.ca/mto/en/2017/09/protecting-vulnerable-road-users.html

Insurance companies have greater rights than individuals in personal injury cases (Ontario)

Car accident cases in Ontario should be simple.

The premise of one car, hitting another car by mistake or negligence; and thereby causing damages/injuries to another party ought to be basic tort law.

Unfortunately in Ontario, this couldn’t be further from the truth. The Ontario Government, at the behest of large insurers has created a system whereby the rights of people are not equal to the rights of large insurance companies. This system has become very complicated.

https://www.torontoinjurylawyerblog.com/2017/10/insurance-companies-greater-rights-individuals-personal-injury-cases-ontario.html

Reports about doctors double-billing aren’t telling the full story

Media reports highlighting complaints from patients and advocacy groups about physician double-billing are “misleading and alarmist,” says Toronto health lawyer Tracey Tremayne-Lloyd.

“The portrayal of these situations as double-billing is a misrepresentation of fact,” she tells AdvocateDaily.com.

http://www.advocatedaily.com/tracey-tremayne-lloyd-reports-about-doctors-double-billing-arent-telling-the-full-story-1.html

Pre-judgment Interest in the Court of Appeal

The Ontario Court of Appeal decisions of Cobb v. Long Estate 2017 ONCA 717 and El-Khodr v. Lackie 2017 ONCA 716 now provide clarification on the application of the amendment to the rate of pre-judgment interest in s.258.3(8.1) of the Insurance Act which came in to force on January 1, 2015. The amendment effectively provides that the rate established through s.128(2) of the Courts of Justice Act does not apply to claims for non-pecuniary damages arising from a car accident.

http://www.millerthomson.com/en/blog/mt-insurance-law-blog/pre-judgment-interest-court-appeal/

Minnesota Car Insurance limits inadequate in Canadian context – Hartley v. Security National

Mr. Hartley was in a car accident while riding his motorcycle in Minnesota. He was hit by truck owned, operated and insured by the State of Minnesota. Mr. Hartley sued the State for damages was bus limited by their $500,000 cap.

https://www.deutschmannlaw.com/blog/post/minnesota-car-insurance-limits-inadequate-in-canadian-context-hartley-v-security-national

Millions of Women Suffer From a Disease That Virtually Sucks the Life Out of Them — But Doctors Still Don’t Take It Seriously

Jen Brea was a 28-year-old grad student at Harvard when her health began to deteriorate after a 104 degree fever. She spent a year searching for an explanation for her recurrent infections, profound dizziness, and disturbing neurological symptoms, only to be dismissed by doctor after doctor. She was just stressed. She was dehydrated. There was nothing wrong. A neurologist told her she had conversion disorder, a psychiatric diagnosis that used to go by another name: hysteria. He suggested that her symptoms were the product of her “unconscious mind,” caused by a repressed trauma she couldn’t remember.

http://www.cosmopolitan.com/lifestyle/a12779054/what-is-chronic-fatigue-syndrome/