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  • FAIR – supporting auto accident victims through advocacy and education
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Home and Vehicle Modification Program

If you have a disability that restricts your mobility, you may be eligible for help from the Home and Vehicle Modification Program.

The program provides funding for eligible adults and children to make modifications to their homes and vehicles in order to help them:

http://www.mcss.gov.on.ca/en/mcss/programs/social/hvmp.aspx

Nemchin v Green, 2017 ONSC 1403 (CanLII)

[1]               In cross-examination of the plaintiff, the defendant in this personal injury action sought to rely on approximately 20 posts from the plaintiff’s Facebook page (the “Posts”) and, ultimately, to have the Posts entered as substantive evidence.  The plaintiff objected to cross-examination based on the Posts.
[5]               Through inadvertence (a) a copy of the disc was not provided to counsel for the plaintiff and (b) the materials retrieved were not made the subject of a supplementary affidavit of documents in the name of the defendant.  It was not until after cross-examination of the plaintiff began that counsel for the plaintiff was made aware that materials from the plaintiff’s Facebook page had been retrieved in accordance with the Agreement.  Similarly, counsel for the defendant was not previously aware that postings retrieved had not been provided in accordance with the Agreement.

[21]           I find that the defendant’s inadvertence with respect to the failure to disclose the Facebook materials retrieved constitutes less than ‘full and rigorous compliance’ with the disclosure and production obligations pursuant to both the Rules of Civil Procedure and the Agreement.

[22]           I agree with the plaintiff that to proceed in the manner proposed by the defendant would result in prejudice to the plaintiff:

•         It would not be sufficient to allow the plaintiff time to review only the Posts prior to resuming her cross-examination.  Fairness would require that she be given an opportunity, prior to continuing the cross-examination, to review all of the materials retrieved (hundreds if not more than a thousand pages of documents).

•         The interruption required to facilitate that review would be inefficient, disruptive, and have an impact on trial fairness.

•         The plaintiff’s expert who has already testified would not have an opportunity to review and/or comment, as may be required, upon the contents of the Posts.

•         The plaintiff’s other experts, including participant experts, would not have a reasonable opportunity for review and comment, the latter if necessary, upon the contents of the Posts.

[23]           It is simply too late in the litigation process for the defendant to be entitled to rely on the Posts as Schedule “A” documents.  Disclosure and production of the documents was required at an earlier stage in the litigation.

Toronto man cleared of auto insurance fraud

While fraud is a major problem for the Ontario and Toronto auto insurance market, sometimes prosecuting false claims is wrong. For example, criminal charges brought against a Toronto man accused of selling fake auto insurance have been dropped.

https://www.shopinsurancecanada.ca/blog/news/toronto-man-cleared-of-auto-insurance-fraud/

 

Ontario private member’s bill proposes 15% cap on personal injury lawyers’ contingency fees

A bill tabled Wednesday in the Ontario legislature, by a backbench Liberal MPP, would limit lawyers’ contingency fees in the province, for personal injury claims, to 15%.

http://www.canadianunderwriter.ca/associations/ontario-private-members-bill-proposes-15-cap-personal-injury-lawyers-contingency-fees-1004109985/

 

Misbehaving Doctors Deserve Real Consequences

The Ontario Medical Association is upset with the Ontario government, but not over money this time. They are concerned that the government is trying to tighten discipline procedures for misbehaving doctors and other health professionals.

http://www.huffingtonpost.ca/marvin-ross/self-regulation-health-professionals_b_15211826.html

 

Disabled Worker Wins Discrimination Claim After He Was Denied Coverage for Medical Marijuana

In a decision issued on January 30, 2017, a Board of Inquiry of the Nova Scotia Human Rights Commission concluded that a union insurance fund had discriminated against a disabled claimant when it denied his claim for medical marijuana.

http://blg.com/en/News-And-Publications/Publication_4847?utm_source=Mondaq&utm_medium=syndication&utm_campaign=View-Original

 

Canadian medical-marijuana group to implement new health, safety standards

The largest association of medical-marijuana companies in Canada has agreed to implement new standards on product safety and transparency, after a series of recalls due to banned pesticides that have shaken consumer confidence in the industry.

https://beta.theglobeandmail.com/news/national/canadian-medical-marijuana-group-to-implement-new-health-safety-standards/article34262344/?ref=http://www.theglobeandmail.com&

 

My BeST: Trauma Survivors’ Network

St. Michael’s Hospital has created a peer support group for survivors of traumatic injury, such as a car crash, fall, gunshot wound or work-related injury. Called My BeST (Beyond Surviving, to Thriving), the program connects survivors of physical trauma—including patients, their families and their caregivers—and helps them rebuild their lives after serious injury.

http://www.stmichaelshospital.com/programs/trauma-survivors-network/index.php

 

Molecule discovery may lead to new drugs for brain and spinal cord injury

A new study reveals that a small molecule produced by a fungus may stimulate the regeneration of axons – the slender, “thread-like projections that carry electrical signals” between nerve cells in the brain and spinal cord. The researchers believe that the discovery could lead to much needed new drugs that repair damage to the central nervous system.

http://www.medicalnewstoday.com/articles/316283.php

 

Bill 103 Personal Injury and Accident Victims Protection Act, 2017

 http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&BillID=4614&isCurrent=false&ParlSessionID=

Official Records for 8 March 2017

Mr. Colle moved first reading of the following bill:

Bill 103, An Act to amend the Law Society Act and the Solicitors Act with respect to matters related to personal injury claims and client agreements / Projet de loi 103, Loi modifiant la Loi sur le Barreau et la Loi sur les procureurs à l’égard de questions liées aux demandes d’indemnisation pour lésions corporelles et aux ententes avec les clients.

The Speaker (Hon. Dave Levac): Is it the pleasure of the House the motion carry? Carried.

First reading agreed to.

The Speaker (Hon. Dave Levac): The member for a short statement.

Mr. Mike Colle: If passed, this bill would ban the use of referral fees by personal injury lawyers. It would require that all advertising by personal injury lawyers be cleared by the Law Society of Upper Canada, that all fees must be in prescribed plain English and standardized, and that contingency fees be capped at 15% and no double-dipping allowed in regard to fees.

http://www.ontla.on.ca/web/house-proceedings/house_detail.do?locale=en&Date=2017-03-08&detailPage=%2Fhouse-proceedings%2Ftranscripts%2Ffiles_html%2F08-MAR-2017_L052.htm&Parl=41&Sess=2#P821_172233