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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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Basic Income Guarantees Canadians Dignity And Health

The Ontario government has recently approved a three-year basic income pilot project and selected three cities — Hamilton/Brantford, Thunder Bay and Lindsay — as test sites. Federally, a motion in the Senate to encourage the government to investigate the cost and impact of a national basic income program has passed with cross-party support. Globally, Finland has launched a basic income pilot — and tech giants like Tesla’s Elon Musk have said a universal basic income will be necessary for everyone in the future.

http://www.huffingtonpost.ca/rosana-salvaterra/basic-income-guarantee_b_16955720.html

The use of credit reports in Ontario’s car accident injury claims and what PIPEDA said

The Personal Insurance Co. Privacy Breach Class Action

This proposed breach of privacy class action is brought in Federal Court on behalf of all persons resident in Canada who made insurance claims under their automobile insurance policies with The Personal Insurance Company between January 18, 2012 and February 8, 2018, and who had their credit score information accessed by The Personal or its agents. http://waddellphillips.ca/class-actions/the-personal-privacy-class-action/

FAIR response to Brian Mills June 6 2017 re use of credit reports in claims

Letter from FSCO regarding PIPEDA and use of credit reports in injury claims

FAIR letter to Brian Mills April 28 2017 re use of credit reports in claims

The PIPEDA report http://www.fairassociation.ca/wp-content/uploads/2017/03/Office-of-Privacy-Commissioner-of-Canada-report-re-use-of-credit-scores-in-auto-claims-handling.compressed.pdf

From the Office of the Privacy Commissioner of Canada (PIPEDA) http://www.fairassociation.ca/wp-content/uploads/2017/03/Letter-from-Office-of-Privacy-Commissioner-of-Canada-re-use-of-credit-information-in-auto-insurance-claims.pdf

What the federal privacy watchdog did after an insurer pried into crash victim’s credit rating/National Post http://news.nationalpost.com/news/canada/insurer-violated-crash-victims-rights-by-accessing-his-credit-score-federal-watchdog-rules

Calgary interview on 770 Newstalk with Rhona DesRoches about use of personal information and credit reports in claims adjusting to air on Monday, March 3, 2017 http://www.newstalk770.com/

Breach of Privacy: “Psychological Battery” and ‘intrusion upon seclusion’ http://www.litigate.com/breach-of-privacy-psychological-battery

Plaintiff Successful in Proving Car Accident Caused Asymptomatic Knee to become Symptomatic.

The Plaintiff, 58 year old Franklin Shaw, brought an action for damages as a result of a rear-end motor vehicle collision with minor property damage. Mr. Shaw suffered from pre-existing osteoarthritis in his left knee. He claimed the collision caused his asymptomatic left knee to become symptomatic. On January 30, 2017, the jury returned its verdict and ordered $54,500 for general damages; $0 for past income loss; $0 for pension loss; $22,500 for future health care costs and $3,000 for future housekeeping expenses.

https://www.linkedin.com/pulse/plaintiff-successful-proving-car-accident-caused-knee-vanopoulos

No Diagnosis – No Problem

In Saadati vMoorhead, 2017 SCC 28the claimant was injured in a series of five motor vehicle accidents but claimed the second accident caused his mental injuries. At trial, the judge held that he had in fact suffered a mental injury as a result of the second accident despite not being provided with any expert evidence to that effect. Instead, the trial judge’s findings were based on the testimony of the claimant’s friends and family who testified that his personality had changed for the worse following the accident.

http://www.millerthomson.com/en/blog/mt-insurance-law-blog/no-diagnosis-no-problem/

Major banks face finance committee over alleged insurance forgery

Former CIBC and TD Bank employees are testifying to the House of Commons finance committee about forging signatures on insurance documents today (Monday).
According to an ex-employee at CIBC, who spoke anonymously to CBC News, 85% of the sales staff signed up clients for insurance they didn’t ask for using the client’s initials – only to cancel the coverage a week later.

http://www.insurancebusinessmag.com/ca/news/breaking-news/major-banks-face-finance-committee-over-alleged-insurance-forgery-69494.aspx?utm_source=dlvr.it&utm_medium=twitter

Medical file manipulation at the hands of TD assessor

http://www.fairassociation.ca/2016/12/assessors-medical-opinion-evidence-libel-and-public-interest-case/

Civil Litigation

Litigating a traumatic brain injury presents diverse medico-legal challenges that require harmony between an individual’s health care team and their legal team. In cases involving children, these challenges become even more complex.

https://www.thelawyersdaily.ca/articles/3844/litigating-pediatric-brain-injuries-takes-a-multidisciplinary-team

Confidentiality of Personal Health Information – Preliminary Consultation

The College’s Confidentiality of Personal Health Information policy is currently under review. The policy sets out physicians’ legal and professional obligation to protect the privacy and confidentiality of patients’ personal health information. It also outlines the limited circumstances where the disclosure of personal health information without a patient’s consent is permitted or required by law.

http://policyconsult.cpso.on.ca/?page_id=9437

Communication, conflict concerns for independent health assessors

recent matter before the Health Professions Appeal and Review Board (the Board) exemplifies the importance of open communication and having clear reimbursement processes when patients are referred to independent health assessors by third party insurers. This decision is a reminder that independent assessors need to take steps to demonstrate impartiality and avoid conflicts of interest, in order to avoid complaints and to be in a position to respond when complaints arise.

http://www.advocatedaily.com/lonny-rosen-communication-conflict-concerns-for-independent-health-assessors.html

What happens when someone on ODSP gets a medical review date

This month’s On the Radar talks about the process that the Ontario Disability Support Program (ODSP) uses when they do a medical review.

There’s more detailed information on the Steps to Justice website.

http://mailchi.mp/cleo/on-the-radar-what-happens-when-someone-on-odsp-gets-a-medical-review-date?e=63ebc9e633

More Canadians seeking CPP disability benefits have denials overturned on appeal

OTTAWA—Nearly half the Canadians who seek to have decisions denying them access to Canada Pension Plan disability benefits are successfully appealing the rulings, a statistic that is giving experts cause for concern.

https://www.thestar.com/news/canada/2017/06/04/more-canadians-seeking-cpp-disability-benefits-have-denials-overturned-on-appeal.html