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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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For a complete list of recent articles, please go to our 'Media Articles' page under 'In the News'.
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January 31, 2019

by Admin2

Ontario court decisions have cut into accident settlements: Rastin

Barrie-area litigator Steve Rastin says recent Ontario court decisions highlight the continuing erosion of compensation for accident victims and the urgent need for the government to legislate an end to deductibles. 
 
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How much is my injury worth and what will it cost me to start a lawsuit?

To better understand you, as a resident of Simcoe County and your questions surrounding the law and your personal rights, our legal team conducted an analysis of all the calls our personal injury intake department received over the past year. In our findings, we noted that one of the most common questions asked of our staff was “is my injury worth starting a lawsuit?” and “what are the fees involved and how much will it cost me?” We completely understand where you are coming from and hope that this post will help answer your most pressing inquiries. 
 
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Why the human touch is sometimes bad for claims

The claims industry in Canada has to be wary about complicating the claims process by putting a “human process” in place where one is not needed, speakers said last week at the Ontario Insurance Adjusters Association’s 2019 Claims Conference in Toronto. 
 
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The Business of Personal Injury Law: The cost of expert reports in personal injury litigation and one solution

When I left law school, I was ill prepared for what it meant to be a lawyer. I knew I wanted to litigate and was keen to make my mark. At the same time, however, I knew nothing about the actual practice of law, or more importantly the business of law. 
 
 

January 30, 2019

by Admin2
FAIR Submission to 2019 Pre-Budget Consultation
 
“It is the unqualified but inordinately powerful adjuster that stands between the insurer benefits and the injured person’s need for recovery resources and it is in that space where insurers make profits. ”   
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Helping Families of Injured Ontario Motorists

Since 1936, Thomson Rogers has been helping seriously injured motorists get the treatment and care they need to recover from their injuries and to receive compensation for their losses. We understand that it is not only the injured party that may require assistance, as often it is loved ones that face significant challenges in helping the accident victim. 
 
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Ontario Wide Case Management available for Personal Injury Cases effective Feb 1, 2019

For starters, you’ve needed to retain a lawyer and sue in Court to get the results you need. Because you’ve commenced a legal action, then we can presume that you’ve exhausted every other recourse and Court is your last option. It would have been far easier and less expensive to keep the lawyers out of your dispute and work things out between the parties. 
 
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Ontario consulting on municipalities’ worries on ‘liability chill’

TORONTO — Ontario is taking a look at municipalities’ concerns about a legal rule that they say causes “liability chill” and leads some to ban activities such as street hockey and tobogganing. 
 
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‘Anger, rage, sadness’: Paraplegic drunk driver who maimed Ottawa motorcyclist sentenced to prison

Roy Radke, 37, a paraplegic who uses a wheelchair because of injuries he suffered in a June 2015 suicide attempt, had pleaded guilty to impaired and dangerous driving causing bodily harm in the collision that nearly killed Albert. 
 
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Multiple trucking violations by Humboldt semi driver noted in government report

MELFORT, Sask. – A Saskatchewan government report says the driver of a semi-truck should not have been on the road the day he flew through a stop sign and caused a crash with the Humboldt Broncos team bus. 
 
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The Winter Months Warm-Me-Up

As a post concussion syndrome (PCS) survivor, these long nights have special significance.

Back in the early months of my PCS, the sun setting earlier in the day was something I initially welcomed. I thought, ‘Great, now everyone else will enjoy very dim lighting as much as I do!’ But as the days dragged on, I realized this wasn’t necessarily the case.

https://torontobraininjuryblog.com/2019/01/30/the-winter-months-warm-me-up/

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A Place of Powerlessness

It’s been a really rough few weeks on the personal/health front. I have lost both my dogs, been hospitalized twice, and suffered through a lot of pain. And to cap it off, already physically vulnerable, I was put in a place of emotional powerlessness within the health system. 
 

January 29, 2019

by Admin2

Designated driver crashes car – and leaves owner with the bill

After a few drinks, it’s probably a good idea to hire a designated driver to drive you home. But as one Toronto resident learned, an accident can leave car owners with steep repair bills and higher car insurance premiums – even when they’re not in the driver’s seat. 
 
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Are Men Paying Less Than Women for Auto Insurance?

There’s a lot of reports and stories about auto insurance out there. The general consensus is that everyone is paying too much for it, but there are those who offer more optimistic advice about how to save. 
 
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Client Trial Preparation Checklist

Prepare your client for the ups and downs of trial with this customizable checklist, which covers topics to discuss with your client, including process, timing, outcomes, risks and costs. From managing emotions to the day-to-day workings of a trial, the checklist covers important topics to discuss with your client in preparation for trial. 
 
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Apple disables group FaceTime amid reports of privacy bug

Apple has made the group chat function in FaceTime unavailable after users said there was a bug that could allow callers to activate another user’s microphone remotely. 
 
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Cioffi v. Modelevich et al., 2018 ONSC 7084 (CanLII), <http://canlii.ca/t/hw8rb 

[1]       This is a motor vehicle action. The amount in issue is not large but I expect it is important to the defendant insurer. The issue is whether the insurer is required to pay the full cost of a recent mediation or only half of the cost. There is no dispute that s. 258.6(1) of the Insurance Act provides that where a plaintiff requests a mediation, the insurer shall pay the full cost. However, there is also no dispute that as a Toronto action, a mediation is mandatory pursuant to Rule 24.1 of the Rules of Civil Procedure and that the costs of the mediator are to be shared equally pursuant to s. 4(2) of O.Reg. 451/98 made under the Administration of Justice Act. 
[6]        The clear intention of the Insurance Act was to allow a plaintiff to request a mediation to be paid for by the insurer in the hope that the action might be resolved. The policy reasons seem clear – I do not think it is meant to apply only where a plaintiff is impecunious as suggested by Mr. Sazant. Clearly the legislature assumed that in these circumstances the insurer is in a better position to absorb the costs and pay for the costs of the mediation. 
 

January 28, 2019

by Admin2

Regarding Common Rules of the Licence Appeal Tribunal  https://slasto-tsapno.gov.on.ca/lat-tamp/en/automobile-accident-benefits-service/legislation-rules/  

  Rule 18: Reconsideration of a Tribunal Decision 
  • As permitted by the Statutory Powers Procedures Act, reconsideration requests may now be assigned to any Member of the Tribunal, including the Member who decided the matter which is the subject of the request

Written comments on the LAT rules at: https://slasto-tsapno.gov.on.ca/en/news/lat-acrb-fsc-common-rules-of-practice-amendments/

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Auto Insurance Consultation

The Ontario government is reviewing auto insurance! The Minister of Finance, the Hon. Vic Fedeli has said “the previous government’s failed system of stretch goals on auto insurance is clearly broken.” 
 
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Study: Canadian auto insurance rates leapt in the past year

A recent study has found that auto insurance costs across Canada saw a considerable year-over-year increase for the fourth quarter of 2018. 
 
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Torture victim appeal dismissed in fee dispute

“There has been a growing philosophy that personal injury lawyers profit regularly by way of contingency fee agreements. And while that is often true, the opposite proves to be true quite often as well. And a lot of these cases do not turn out to be profitable, especially ones that go to the doorsteps of trial or beyond.”
 
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Cadieux v Cloutier: Deducting Oranges from Apples

It is an essential principle of tort law that an injured plaintiff be returned to the position they would have been in had their injury not occurred. However, a recent Court of Appeal decision may make this task more complicated within Ontario’s auto insurance compensation scheme. 
 
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Summary Judgment Motions in MVA Cases

In Pavlovic v. Vankar, 2019 ONSC 61, Justice Nightingale of the Ontario Superior Court of Justice granted a summary judgment motion in favour of the defendant Pavlovic, dismissing the plaintiff’s action and the cross-claim of the co-defendants as against him despite conflicting evidence on a key liability issue. 

FAIR Submission to 2019 Pre-Budget Consultation

by Admin2

So, even if there are no changes in the making right now, things will continue to get worse for Ontario’s patients who are stuck in what can only be called a private insurer hell that is disturbingly similar to the American privatized healthcare system.

http://www.fairassociation.ca/wp-content/uploads/2019/01/FAIR-Submission-to-Pre-Budget-Jan-29-2019.pdf

January 25, 2019

by Admin2

Randall Denley: An auto insurance fix would be Doug Ford’s best chance to help Ontario consumers

The Ontario PC government has vowed to fix the province’s costly, inefficient auto insurance system, and the stakes are huge. 
 
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By how much did your clients’ auto rates increase last quarter?

Ontario auto insurance rates increased by an average of 3.35% in the fourth quarter of 2018, with several companies receiving approval for double-digit rate increases, the province’s regulator reported. 
 
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Doctors’ college aims to resolve minor complaints faster

Patients with minor concerns about their doctor can now go through a streamlined complaints process that should result in a resolution relatively quickly. 
 
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‘Best social program is a job,’ Minister hopes to duplicate Windsor job centre service model

Minister of children, community and social services Lisa MacLeod stopped at the Unemployed Help Centre of Windsor (UHC) to see what resources were available to help people get out of economic poverty. 
 

January 24, 2019

by Admin2

Class action lawsuit raises questions for Ford, insurance regulator 

Eleven auto insurance companies that have allegedly withheld hundreds of millions of dollars in HST payments from Ontario car accident victims since 2010 have been named in 11 class action lawsuits that now total $1.1 billion in damages. None of the 11 class actions has been certified or tested in court. 
 
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Insurance Rates – What do We Know?

In Ontario we are all required by law to have car insurance if we drive a car. Our market is a private one, meaning the province has set out the requirements for coverages and it is up to the private companies to sell us their product. We know that in Ontario we pay among the highest rates in Canada to insure our motor vehicles. We also know that other provinces that have public insurance schemes pay less for insurance than we do. Some have better coverage than we have. 
 
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Report: Auto insurance rates have risen considerably across Canada in the past year 

TORONTO, Jan. 24, 2019 /CNW/ – Today, LowestRates.ca, an online recommendation site for personal finance products like insurance, mortgages, loans and credit cards, released its Q4 2018 Auto Insurance Price Index, which uses proprietary data to track the average cost of car insurance in Canada each quarter. 
 
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Judge dismisses request to help sheriff evict paralyzed man from Richmond Hill facility

An Ontario Superior court judge has tossed out a request from a Richmond Hill assisted living facility looking for direction on how to evict a paralyzed man. 
 
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COMPENDIUM OF DAMAGES
AWARDED IN
PERSONAL INJURY ACTIONS ACROSS ONTARIO
 
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Disability recipients whose information was breached are set to sue the province

Several disability support recipients whose personal information was compromised in December are launching a class action lawsuit against the Ford government, CTV News Toronto has learned 
 
 
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Following the Dr. James Sears story?

https://www.cbc.ca/news/canada/toronto/your-ward-promoting-hate-1.4990806
from the IME page http://www.secondopinion.ca/

The Ontario government wants to know what you think about auto insurance

by Admin2
  Rule 18: Reconsideration of a Tribunal Decision 
  • As permitted by the Statutory Powers Procedures Act, reconsideration requests may now be assigned to any Member of the Tribunal, including the Member who decided the matter which is the subject of the request

Written comments on the LAT rules at: https://slasto-tsapno.gov.on.ca/en/news/lat-acrb-fsc-common-rules-of-practice-amendments/

January 23, 2019

by Admin2

‘Nobody should have to go through this’

Debbie Churcher was devastated in 2017 when her husband of 36 years died just metres from her. As the Norfolk County woman was dealing with the loss, she was hit with what she considers a low legal blow.

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Toronto landlord owes man with disabilities, daughter $60K after ‘campaign’ of harassment

A Toronto man was denied an apartment because of his disabilities, and then he and his pregnant daughter endured “a campaign” of abuse and harassment from the landlord after a relative helped them secure a unit and move into the building, according to a decision by the Human Rights Tribunal of Ontario (HRTO). 
 
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Police to respond to fewer collisions

WATERLOO REGION — Next time you’re involved in a crash, a police officer may not be called to the scene.

Under a new partnership with Accident Support Services Ltd., police will decide if they will attend collisions depending on the severity of the crash, injuries and whether the collision is suspicious.

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Social services minister wants to see ‘disciplinary action’ for ODSP data breach

Social Services Minister Lisa MacLeod is calling for disciplinary action at the Ontario Disability Support Program, after a personal data breach affected thousands of clients in December.  
 
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Editorial: Ottawa should seize the basic income pilot opportunity

When the Ontario government killed the basic income pilot project, it did more than inflict a killing blow to the dreams and aspirations of the 4,500 Ontarians — including 1,000 in Hamilton — enrolled in the research project. (The total number of participants is 6,500 but 2,000 were in the control group not receiving benefits.) 
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More LAT updates: https://slasto-tsapno.gov.on.ca/lat-tamp/en/automobile-accident-benefits-service/legislation-rules/

January 22, 2019

by Admin2

Public consultations on Ontario auto insurance

Look up your MPP. https://www.ola.org/en/members/current You can call their office or search on-line for in-person opportunities at Pre-budget hearings across the province.

You may also submit in writing. See: Due  by 5:00 p.m. on Tuesday, January 29, 2019 https://www.newswire.ca/news-releases/2019-pre-budget-consultations-703074682.html

Participate in budget consultations until February 8, 2019. 500 words  https://www.ontario.ca/page/budget-consultations

Survey: making auto insurance more accessible and affordable in Ontario Have your say on improving car insurance in Ontario and putting drivers first. Closing date: February 15, 2019 https://www.ontario.ca/form/survey-making-auto-insurance-more-accessible-and-affordable-ontario

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FY2019-20BP: Draft 2019-20 Priorities and Budget

Type: Priorities/Budget
Number: FY2019-20BP
Date: 2019-01-21
Comments Due: 2019-02-08
Sector: All sectors
Status: Out for public comment

Pared down to a mere 50 words. https://www.fsrao.ca/en/consultations/form?rule=draft-2019-20-priorities-budget

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Yes we have no insurance 

Ontario’s Progressive Conservative government has launched public consultations on amending our motor vehicle insurance laws. The issues if you are an insurer are fraudulent claims and if you are a consumer or accident victim, ever increasing premiums and converse attrition of accident benefits and tort award entitlement. 
 
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How to Prove Whiplash and Succeed in Your Settlement Claim

One of the most common types of injuries that are seen in personal injury accidents, especially car accidents, are cases of whiplash. 

While most people think of whiplash as simply being an injury to the neck, this is actually a more complex injury than what people realize. 

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Making a disability claim in Ontario

Most of us spend large portions of our day working to earn a living. This is central to almost every adult’s life. Your job drives family routines and dictates your lifestyle. When an illness or injury strikes, it can occur gradually or strike suddenly. 
 
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Privacy breach hits 45,000 recipients of Ontario’s disability support program

Ontario’s social services minister has apologized after the Mississauga disability support program office mistakenly emailed the private information of 45,000 people to 100 recipients. 
 
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COMPETING “OTHER INSURANCE CLAUSES”: CAN ONE TRUMP THE OTHER? https://canliiconnects.org/en/summaries/65252

Not a “token gesture”: NS Court of Appeal confirms deductibility of future CPP disability benefits from tort damages  https://canliiconnects.org/en/summaries/65248