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

Latest News Articles

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April 10, 2019

by Admin2

Auto insurance regulation in Ontario needs a dramatic overhaul

When a car is classified as a write-off, that usually means it’s time for a new one. As many consider Ontario’s system of auto insurance regulation as badly broken, could the same guidance be applied here? 
 
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Insurers object to characterization of Ontario auto as “profitable”

Canada’s home, auto and business insurers are objecting to a recent characterization of Ontario’s auto insurance regime as “profitable.” 
 
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Ontario city partly liable in collision that injured four

A recent Supreme Court of Canada decision means the City of Hamilton is partly liable in a motor vehicle bodily injury lawsuit because there was no painted stop line immediately before an intersection. 
 
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Car accident while delivering food leaves woman with $8,400 repair bill

A woman working for Skip the Dishes is out thousands of dollars after she discovered that her regular insurance policy doesn’t cover collisions that take place on the job. 
 
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What are the Main Differences Between STD and LTD Benefits?

The waiting period for STD benefits is relatively short compared to LTD benefits and can be as short as 1 day or as long as 1 week. Short-term disability benefits are meant to provide almost immediate financial assistance when you become disabled, whereas LTD benefits could have a waiting period of anywhere from 119 days to 52 weeks. 
 
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Take a stance and change the future for Ontarians with disabilities 
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$175,000 Non-Pecuniary Assessment for Chronic Psychological Injuries

In the recent case (Anssari v. Alborzpour) the Plaintiff was injured in a 2014 collision.  She sustained various psychological injuries including severe depression, anxiety, and post-traumatic stress symptoms.  These continued to the time of trial and were likely to continue in the future. 
 

April 9, 2019

by Admin2
Orillia Business Women’s Association – Women of Distinction 2019 Nominees
Tammy Kirkwood
FAIR (Fair Association of Victims for Accident Insurance Reform) 
http://www.fairassociation.ca/
 
To understand how Tammy has and is continually achieving excellence and is an innovator for the work that she does, I would like to say a bit about what happened to Tammy to bring her to the point she is at today. On October 24th 2008 Tammy was T-Boned by a dump truck on her way to work. The injuries she sustained were catastrophic including a severe brain injury and many permanent physical injuries. The crash changed her life completely and her recovery was nothing short of a miracle as the doctors did not give much hope to her family for her recovery. However, Tammy, being the determined and amazingly strong willed person she is, did recover. Over time, and with much rehabilitation and determination on Tammy’s part, she has accomplished so much. She continues to live with the injuries she sustained, both physical and mental and has thrived in her ‘new’ life giving back to all who come not only come in contact with her but the community and all those that can’t speak for themselves.
 
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Better simplified procedure needed in civil courts

Parties’ right to a jury trial is standing in the way of an effective simplified procedure in civil courts, according to the president of the Ontario Trial Lawyers Association.

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Slow down because speed kills, police tell drivers in new Toronto campaign

The campaign is designed to protect what police call vulnerable road users. That means all pedestrians, but especially school children and older adults, as well cyclists and motorcyclists. All of these groups of people are most at risk when a crash occurs.

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Aviva Canada CEO calls for regulation overhaul

The CEO of Aviva Canada has spoken up about the state of auto insurance in Ontario, calling for more changes to be introduced in the province’s insurance system.
 
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Collecting evidence covertly is useless if not defensible in court

“You have to be able to defend your actions in a court of law, an arbitration, or wherever else it might end up being used,” he says. “You have to always think in those terms because if you can’t defend it, and the evidence is thrown out because it was collected improperly, then it’s a waste of everyone’s time and money.”

https://www.advocatedaily.com/mkd-international-inc–collecting-evidence-covertly-is-useless-if-not-defensible-in-court.html

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The Rule of Law Is Declining Globally, Canada Is Not Entirely Without Room for Improvement
 
Overall in 2019, Canada ranks 9th globally with a score of 0.81. Denmark ranks 1st with a score of 0.90. The lowest score is for Venezuela at 0.28. Although Canada ranks favourably overall among advanced nations, our score remains stubbornly low on the civil justice factor.
 
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How common are “snooping” privacy breaches?

When it comes to privacy breaches in the healthcare sector, “snooping” is definitely a concern. Snooping, or unauthorized access, breaches occur when an employee (such as a hospital worker) has access to identifiable information and abuses their authority to look at electronic health records of friends, family or co-workers.

https://www.canadianunderwriter.ca/risk/how-common-are-snooping-privacy-breaches-1004161713/

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Why you shouldn’t rely on the kindness of strangers when selling your vehicle yourself

Langan also struck out when he asked his insurance company to cover the loss. Since the car had been paid for and transferred to a new owner, it was no longer his vehicle, he was told.

 
 

April 8, 2019

by Admin2

Increased Court Costs Impairs Access to Justice

Because disbursements aren’t already high enough, the Ontario government has increased the fees associated with the filing of many of the most common civil court documents as of April 1, 2019. 
 
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Marchant: Shouldn’t lawyers be the next target for the Competition Bureau?

Canada’s Competition Bureau saw the Toronto Real Estate Board rigging the housing market against cheaper ways for people buy and sell their homes. TREB wouldn’t let non-members in on what prices homes actually sold for. In 2018, after years of litigation, the Supreme Court of Canada confirmed that TREB had to make home sales data transparent. 
 
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Canada ignored its gigantic money laundering problem for years — and lawyers fanned the flames

Ottawa’s budget earmarked about $200 million over the next five years to address Canada’s massive money laundering problem. 
 
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The Awful Truth about Private Investigation & Security Guard Licensing in Ontario

Government regulations of Private Investigators in Ontario have changed their licensing system. Individual license holders are no longer required to be hired by a PI agency before they can obtain a PI license. Thousands upon thousands of individual license holders carry a PI license when they have not secured a job with any PI or security guard agency in Ontario. They carry and use the license unsupervised by any agency. 
 
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Changing disability definition a dangerous mistake that will harm thousands

Claire came into my office last week, for the fourth time in two months. She was sad, very sad, actually clinically depressed. She’s 32, works as a waitress, and couldn’t face another shift. She wanted a note off work for two weeks to focus on battling her dark mood. 
 

April 5, 2019

by Admin2

Is the SABs unconstitutional – Sovereign General Insurance Company and Abdirahman Abyan and Insurance Bureau of Canada Ontario Trial Lawyers Association and Attorney General of Ontario

Sovereign General Insurance Company appeals the order of Arbitrator Drory dated September 14, 2017. The Arbitrator found that two provisions of the SABS–2010 were unconstitutional, namely the definition of “minor injury” insofar as it includes chronic pain arising from minor injuries, and the requirement for a pre-accident condition to be documented in order to escape the effects of the “minor injury” definition. 
 
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Implied or explicit consent needed for vicarious liability

Car owners must have given consent to another driver’s use of the vehicle before they can be held liable for that person’s negligence, Toronto personal injury lawyer Gary Will tells AdvocateDaily.com. 
 
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Frequently Asked Questions

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EXCLUSIVE: changes proposed to OHIP coverage

Big changes are being proposed to healthcare coverage in Ontario as the provincial government is looking to find half a billion dollars worth of savings from within OHIP, CityNews has learned. 
 
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2.5 million people sustain a traumatic brain injury annually

Brain injuries have been in the spotlight in recent years, and for good reason. Concussion diagnosis is on the rise in the United States.Increasing 43 percent from 2010 to 2015.
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Sleep after TBI: unlock 11 endorsed steps

Something a lot of those with brain injuries find, is that they have trouble getting to sleep. I don’t mean the impromptu power naps, I mean when you go to bed expecting to recharge your batteries but it feels like you can’t find the “off” switch. 
 
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B.C. civil rule amendment could cut costs, timelines considerably

A very significant amendment to the British Columbia Supreme Court Civil Rules was enacted without warning on Feb. 11, 2019, in relation to expert reports in motor vehicle claims and personal injury actions. The amendment applies to all personal injury actions as of Feb. 1, 2010. 
 

April 4, 2019

by Admin2

CU Total Loss Series: How to reduce auto total loss cycle times by a week

Meet Jane Doe, a total loss survivor. The front end of her car was demolished when she tried to turn left at a busy intersection. She was hit by a driver who was talking on his cell phone while running a red light.
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Great-West Lifeco consolidating, rebranding as Canada Life

Great-West Lifeco is consolidating its three Canadian life insurance companies under a single brand. 
 

April 3, 2019

by Admin2

Ontario insurance

Why are Ontario drivers better than B.C. drivers? I spoke to my brother and a friend in Toronto and Lindsay. They own two cars each – Audi, Saturn, Subaru and Kia – and they pay less than $900 in total each for car insurance. I own a Subaru Outback and a sports car that is insured for six months a year and I pay over $2,300 for both. 
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Protect Your Insured From Being Added To Litigation

When an opposing party brings a motion to add an insured to existing litigation, the courts usually allows the party to be added, unless there are clear reasons not to do so, such as an expired limitation period. Consent is usually provided, as the threshold to add a party is low. Yet, recent developments show that a court may look deeper and assess the strength of the claim and evidence in support, to determine whether the addition of a party is improper, from the outset. 
 
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What to Do If You’re in A Ride Sharing Accident with Uber, Lfyt, or Others

According to the Globe and Mail, there are 52,000 ride sharing drivers in Canada, carrying thousands of passengers per day. If you’re among them, you may wonder what would happen if you were involved in a personal injury accident while using a ride sharing service, and who would cover the costs of the accident. As you’ll see, the answer isn’t always straightforward. 
 
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Insurance defence lawyers struggling to keep costs down: Vaughan

Despite the lack of headline-grabbing landmark decisions in the last year, these are lively times for lawyers who practise insurance defence in personal injury cases, Toronto insurance defence lawyer Heather Vaughan tells Canadian Lawyer. 
 
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“Outsiders” and “Insiders” Can Change the Justice System Together 

In the last five years, the engagement, skill and experience of individuals representing themselves in the justice system has changed in a number of very important ways. 
 
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National Health Expenditure Trends, 1975 to 2018

November 2018 — Use the National Health Expenditure Database (NHEX) to discover how much is spent on health care annually, in what areas money is spent and on whom, and where the money comes from. Learn more about comparative expenditure data at the provincial, territorial and international levels, as well as Canadian health spending trends from 1975 to the present. 
 
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Human Rights Tribunal ruling on insurance companies and CPP-D: Reilly v. Ford

In a disappointing decision released on January 18, 2019, the Human Rights Tribunal of Ontario ruled that insurance companies do not discriminate when they deduct benefits received from a Canada Pension Plan Disability pension from long-term disability insurance payments. 
 

Reilly v. Ford Motor Company of Canada Limited, 2019 HRTO 101 (CanLII), <http://canlii.ca/t/hx50l 

April 2, 2019

by Admin2

Today is National Caregiver Day. There are approx. 3.3 million unpaid family caregivers in Ontario providing care for their loved ones with illness and disability. Over 500,000 are young caregivers, who are hidden. Have you hugged your caregiver today?

A Guide to Balancing Work and Caregiving Obligations

Human rights law prohibits discrimination based on the ground of family status. This means that when an employee must care for a family member, employers have a legal obligation to accommodate that employee. This guide provides tips for developing accommodation solutions that are in harmony with human rights law. It outlines the rights and responsibilities of the employee, the employer, unions and/or employee representatives. 
 
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Apply to the motor vehicle accident claims fund

If you were in a car accident and no one had auto insurance, you may be eligible for compensation for your injuries or property damage. Learn how to apply to the Motor Vehicle Accident Claims Fund. 
 
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Is the Fabian Strategy, to beat down claimants constitutional, or harassment?

The only reliable manner to obtain complete and adequate legal advice is to consult with a lawyer, fully explain your situation, and allow the lawyer enough time to research the applicable law and facts required to give an adequate opinion. The basic information provided above is intended as a public service only, a full one-on-one discussion with a lawyer should be done before taking any any action. 
 
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Jury consultants provide valuable insights in civil matters

Large law firms sometimes use jury consultants for criminal trials, but these specialists can also benefit plaintiffs in civil actions, Oakville personal injury lawyer Jill Edwards tells AdvocateDaily.com.

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Tips for educators, postal workers navigating LTD claims

Toronto personal injury lawyer Brian Goldfinger refutes any perception that teachers and postal workers have cushy jobs as they are among the top clients he helps fight for in long-term disability (LTD) claims. 
 
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Major auto coverage change now in effect in this province

Auto coverage is changing for British Columbia motorists effective today. Accident benefits coverage from Insurance Corporation of B.C. has more than doubled from $300 per week to $740 a week.

April 1, 2019

by Admin2

City police finding more and more uninsured drivers

It’s an expensive risk to take, but Sarnia police are finding a large number of drivers without insurance.

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Hikes to legal fees will hurt those who can least afford them, critics say 

Whether it’s fighting a custody battle or suing for damages after a collision, many Ontarians will now be paying more to seek solutions through the province’s civil court system. 
 
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Insurer withheld payments for this 92-year-old Toronto van attack survivor’s medical care. Now its own doctors say her injuries are catastrophic

The 92-year-old mowed down on a Yonge Street sidewalk during last year’s van attack has now been declared “catastrophically” injured by medical experts hired by the insurance company that has been withholding benefit payments for her care. 
 
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Swedes may have the answer to stop carnage on Northern Ontario highways

A Northern Ontario driver is twice as likely to be killed in a crash as a driver from southern Ontario.

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What is a ‘Form 1’ and why do I need it to get accident benefits?

If you are seriously injured in a car accident there are many benefits available that a personal injury lawyer can help you apply for. One of these benefits is called ‘attendant care’ and it relates to services provided around the home. 
 
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There’s a chronic pain crisis in Canada, and governments must address it

Behind the opioid epidemic lies a crisis of pain, but it lives largely in the shadows. Understandably, media have focused on the fatal overdoses of more than 9,000 Canadians in the past three years, the reckless over-prescription of opioids, and the devastation of family and friends who’ve lost a loved one. It’s a more urgent and dramatic narrative than the quiet suffering of millions living with chronic pain. 
 
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ICBC claims pour in as April 1 changes loom at auto insurer

There are normally between 20 and 30 ICBC notices of civil claim related to motor vehicle accidents filed daily at the Vancouver Law Courts. But in the past week, there has been a significant increase in the number of lawsuits filed, with registry officials on Friday processing about 200 files. 
 
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‘Massive changes’ at ICBC could fundamentally reshape the public insurer

They’re being billed as the biggest changes in the history of ICBC.On Monday, there are fundamental changes coming to the way the public insurer deals with injury settlements. But injury lawyers are concerned the overhaul infringes on the rights from victims and unfairly defines minor injuries.
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Facing four-year wait for hip surgery, young New Brunswick woman headed to court

MONCTON, N.B. — A New Brunswick woman injured in a car crash is headed to court this week to argue her insurance company should cover the cost of her hip surgery in a private clinic because she faces a four-year wait in the public system. 
 

2019 Budget re auto insurance changes

by Admin2

What we know so far about upcoming changes to auto insurance as listed in the 2019 Budget

2019 Budget re auto insurance

March 29, 2019

by Admin2
Consultation and more info on insurers failure to pay HST on benefits – due April 26, 2019
 
See link for more background info and details on consultation:
http://www.fairassociation.ca/2019/03/accident-victims-denied-millions-in-benefits-by-insurers-lawsuits-allege/  
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AIG Canada to stop underwriting new individual personal policies

AIG Canada is pulling out of writing personal lines business in Canada.

AIG communications director Lynn Woodburn confirmed to Canadian Underwriter Wednesday evening that it would no longer underwrite new policies in personal lines. This confirmed speculation among brokers that came to light late last week. The decision does not affect AIG’s commercial business, which it will continue to write in Canada.

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Justice still pending for local man disabled by recycling truck

CAYUGA—Around 9 a.m. on Tuesday, October 2, 2018, 68-year-old Gord Brown of Cayuga was waiting for the recycling truck outside his home on Kerr Street. There had been a misunderstanding about his recycling not being collected and Brown was hoping to speak with the driver. In the confusion, the truck pulled away, running him over. 
 
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‘There’s a child in there!’: Security video captures vehicle nearly striking woman with stroller

A Toronto resident is sounding the alarm over pedestrian safety after surveillance camera recorded a woman pushing a stroller as she was nearly struck by a vehicle at an intersection. 
 
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Opportunity to share your experience with The Ontario Caregiver Organization 

 
The Ontario Caregiver Organization has been created to help improve the experience for caregivers who support a family member, partner, friend or neighbor with physical and/or mental health needs. 
 
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“I could feel that my body was changing, but it didn’t hurt me,” recalled the woman, Jo Cameron, who is now 71. She likened it to “a tickle.” Later, she would tell prospective mothers, “Don’t worry, it’s not as bad as people say it is.” 
 
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Class action lawsuit filed, seeking justice for basic income recipients

As expected, four people from Lindsay who had been receiving payments through the Ontario Basic Income Pilot have launched a proposed class action against the PC government for its premature cancellation. 
 
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Gilbraith v. Intact Insurance Company, 2019 ONSC 1875 (CanLII), <http://canlii.ca/t/hzbv7 

[1]               On April 11, 2014, Stephanie Gilbraith (the “plaintiff”) was a pedestrian when she received an eye injury by one of several eggs thrown in her direction. The eggs were thrown by occupant(s) from a moving motor vehicle, which subsequently left the scene. The owner, driver, and occupants of the motor vehicle have to date not been identified. As a result of being struck, the plaintiff’s right eye was injured and she has lost central vision in her right eye.

[2]               The plaintiff commenced a claim against Intact Insurance Company (“Intact”) in accordance with the OPCF 44R Family Protection Coverage Endorsement of the standard Ontario policy of automobile insurance (the “Endorsement”) which was issued to her father by Intact. 

[3]               The plaintiff also made a claim against the Superintendent of Financial Services (the “Superintendent”), seeking the mandatory uninsured automobile coverage for damages occasioned by an unidentified motor vehicle when the plaintiff is not insured. Actions against the Superintendent are governed by the Motor Vehicle Accident Claims Act, R.S.O. 1990, c. M.41 (the “MVACA”). 

[4]               Intact brings this summary judgment motion seeking dismissal of the plaintiff’s action. 

[5]               The Superintendent brings this companion summary judgment motion also seeking dismissal of the action. 

[6]               The plaintiff seeks that Intact’s summary judgment motion be dismissed. In the event that Intact is granted summary judgment, the plaintiff moves that the summary judgment motion brought by the Superintendent also be dismissed.