Ontario should not move to a government-run auto insurance system the province should establish hospital-based examination centres with authority to establish treatment plans that would have to be provided by the insurers, without dispute, a special advisor to the provincial government suggested in a report released Tuesday.
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.
I was at fault, but injured — do I have any remedies?
If you have suffered injuries or losses in a motor vehicle accident for which you may be at fault, you may still be entitled to compensation.
A person injured in an automobile accident in Ontario is potentially entitled to receive compensation through two different streams. One is through a negligence claim for damages and the other is through a claim for Statutory Accident Benefits, sometimes referred to as no-fault benefits.
What to do if you’re hurt in a hit-and-run
Most people will experience some form of car accident during their driving careers, and in most cases the accident will be minor and the ensuing moments will pass un-dramatically: you’ll emerge from your vehicle uninjured, exchange insurance information with the other parties involved, and resolve your dispute in a civil manner. In some cases, car accident lawyersmay help victims access some form of compensation.
http://www.lexology.com/librar
Focus: Ruling criticizes ‘consensus reports’
The practice of having an expert summarize the reports of all the other experts in a personal injury case may be on the way out, after a recent court decision slammed their misuse. The selective quoting of expert findings to present an outcome more favourable to one side has brought the practice into disrepute.
http://www.lawtimesnews.com/20
Are Jury Trials Fair? A Personal Injury Lawyer’s Perspective
I read an article in NOW Magazine recently entitled: “Reasonable Doubt: are some lives worth more than others?”
The article discussed how, in serious personal injury cases that go to trial, women, low income persons and minorities tended to receive lower payouts.
Why? Because the compensation often includes money for ‘loss of income’, which is typically evaluated as being less for these groups than for (Caucasian) men.
http://derekwilsonlaw.ca/are-j
Disputed Claim for continuing Income Replacement Benefits
In a 2016 civil action, Galloway v State Farm Mutual Automobile Insurance, State Farm Insurance Co. made a motion for summary judgement to dismiss the plaintiff’s claim for income replacement benefits, a catastrophic injury designation, as well as general damages due to the insurer’s mishandling of their claim.
https://www.ilolaw.ca/blogpost
Labanowicz v Fort Erie (Town), 2017 ONSC 2072 (CanLII)
[5] In my opinion, there are four overarching factors that play into an award of costs in this case: (1) the plaintiff’s pre-trial offer to settle, which she handily surpassed; (2) the manner in which the defendant conducted its defence, which the plaintiff has aptly described as a “scorched earth” defence; (3) the complexity of the matters in issue; and (4) the reasonable expectations of the parties as to the fair and reasonable costs to be paid by the losing party. The fourth factor must be weighed against the first three factors. Again, I do not intend to repeat the case law that supports the above mentioned principles—they are captured in Evans and Bimman and repeated, in part, in paragraphs one and two of the defendant’s written argument.
Distracted Driving: Still the #1 Cause of Road Fatalities in Ontario
For the last few years, the OPP has held their Distracted Driving Awareness week in March. Every year, we hope that distracted driving statistics will go down, but inevitably, they do not. This year, the OPP announced that 65 people lost their lives due to distracted driving in 2016. Tragically, that is “more than drinking and driving, speeding or collisions where people were not wearing seatbelts for the fourth straight year.”
http://www.vandykelaw.ca/2017/
Coffee Cup Coverage Case Causes Concern
I recently read a Superior Court decision about a woman who burned herself with hot coffee at a McDonald’s drive-through.
This case has nothing to do with the notorious hot coffee tort case in the U.S. that made headlines many years ago. This matter has to do with automobile insurance coverage.
http://www.insblogs.com/auto/c
Focus: Red Tape Challenge opens door to innovation
The Insurance Bureau of Canada is using the Ontario government’s invitation for proposals to cut regulations as an opportunity to lobby for technological advances in insurer-client relationships. IBC suggests the changes do not create additional risk for consumers. The insurance bar, while acknowledging the necessity to move with the times, is counselling caution in areas where privacy and security are at stake.
http://www.lawtimesnews.com/20