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  • 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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Failure to complete remediation program results in discipline

Health professionals should be mindful that if the Inquiries, Complaints and Reports Committee (ICRC) of their College orders remediation, failing to work with the College and to complete a remediation program is in itself an act of professional misconduct and will result in discipline and a costs award, in addition to a requirement to complete the already ordered remediation.

http://www.advocatedaily.com/lonny-rosen-failure-to-complete-remediation-program-results-in-discipline.html?utm_content=buffer78879&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer

Those who are suffering are over-represented in criminal justice system

A profound glimpse into Canada’s justice system arose this month in an obscure set of circumstances. An eminent provincial court judge revealed stark, shocking facts about those charged with crimes, when his successful application to the Ontario Court of Appeal was disclosed to the public.

http://startouch.thestar.com/screens/e910072d-aaa3-4918-931a-4ac0c4832956%7C_0.html

Conviction, 5-year sentence upheld for Ontario police officer who faked crash reports

TORONTO – A veteran police officer who prepared bogus accident reports in exchange for cash lost his bid on Friday to overturn his conviction and five-year prison term.

http://globalnews.ca/news/3412848/conviction-5-year-sentence-upheld-for-ontario-police-officer-who-faked-crash-reports/

FAIR submission to CPSO Uninsured Services Billing and Block Fees draft policy May 1 2017

What we are seeing is some very poor quality medical opinions at a very high price being paid for by Ontario’s car accident victims who have no say on how their recovery benefits are being used to line the pockets of insurer doctors. Treating physicians are compensated with far fewer dollars to clean up the harm done to their patients with their own much more reasonably priced medical reports. As you can see from some of the links below, some physicians are becoming very wealthy by overcharging for medical reports that are without value and when MVA victims cancel assessments with these same IME providers, they are again being overcharged.

FAIR submission to CPSO Uninsured Services Billing and Block Fees draft policy May 1 2017

Ontario license appeal tribunal making ‘quicker determinations’ in auto claims disputes: BDO speaker

Ontario’s new system for arbitrating auto accident benefits claims disputes has “very significant growing pains,” a lawyer told insurance professionals Thursday.

http://www.canadianunderwriter.ca/insurance/ontario-license-appeal-tribunal-making-quicker-determinations-auto-claims-disputes-bdo-speaker-1004112490/

Disclosure of Expert Retainer Letters

The issue of whether a party must produce a lawyer’s ‘instructional letter’ when retaining an expert was considered by the Ontario Superior Court in Nikolakakos v. Hoque, 2015 ONSC 4738.  This case involved an action for damages arising from personal injuries sustained in a motor vehicle accident in August 2012.  Following examinations for discovery held in August 2014, the Defendants requested that the Plaintiff attend a defence medical examination with an orthopaedic surgeon.  The Plaintiff agreed to attend the medical examination on the condition that the Defendant’s lawyer provide a copy of the letter of instruction to the orthopaedic surgeon in advance of the assessment.

http://www.millerthomson.com/en/blog/mt-insurance-law-blog/disclosure-expert-retainer-letters/

Law Society sets referral fee cap and approves transparency measures

Convocation approved a cap for referral fees based on a percentage of the legal fee:  15% for the first $50,000 of legal fees and 5% of all legal fees thereafter, to an absolute cap of $25,000.

http://www.lawsocietygazette.ca/news/referral-fee-cap-set/

LSUC approves sliding cap on referral fees

The Law Society of Upper Canada has approved an absolute cap of $25,000 on referral fees. Convocation voted Thursday to implement a sliding cap, which will see referral fees be limited to 15 per cent of the first $50,000 charged in legal fees and five per cent of any fees on top of that, up to a $25,000 cap.

http://canadianlawyermag.com/legalfeeds/3797/lsuc-approves-sliding-cap-on-referral-fees.html

Lawyers need signed consent to refer out cases

The Law Society of Upper Canada voted Thursday to approve several measures to bring the referral process “into the sunlight,” including a “sliding cap” on referral fees, which limits their amount, and a mandatory agreement that all parties will have to sign before a referral can take place.

https://www.thestar.com/news/queenspark/2017/04/27/lawyers-need-signed-consent-to-refer-out-cases.html

Disclosure and Investigated Complaints

It is commonly difficult for prospective clients to obtain good information about lawyers and paralegals. The significant growth of brand advertising is cogent evidence of this. Potential clients assume that brand is evidence of quality when that may well not be the case. Substantial sums are paid for brand advertising because it works. Similarly, the advertising of dubious awards and reassuring photographs evidences that lack of genuine information about quality.

http://www.slaw.ca/2017/04/28/disclosure-and-investigated-complaints/