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Defence & Indemnity – February 2017: I. INSURANCE ISSUES A.

A. Where an insurer has failed to afford a defence to its insured and the insured is successful in bringing proceedings to enforce the insurer’s obligations, the court can and will award the insured a complete indemnity for both defence expenses already incurred and the expense of enforcing compliance with the policy terms

http://www.jdsupra.com/legalnews/defence-indemnity-february-2017-i-93955/

Crucial to Submit Disability Certificates (OCF-3) Early

Why it is NOW crucial to complete and submit a Disability Certificate (OCF-3) ASAP – An important message for hospital providers.

Traditionally, we have explained to hospital providers that while it was best for patients to submit their Accident Benefit documents (i.e. Application and Disability Certificate) to their accident benefit insurer ASAP, there was no serious consequence associated with a delayed submission of these forms.

https://www.thomsonrogers.com/news/crucial-submit-disability-certificate-ocf-3-early/

Time to Change the Law Limiting Punitive Damages

 

In September 2015, Marco Muzzo landed at Toronto Pearson International Airport returning from his bachelor party in Miami. He was drunk and he didn’t have his glasses, but that didn’t stop him from getting behind the wheel of his Jeep.

http://bonnlaw.ca/2017/01/23/change-law-punitive-damages/?utm_content=buffer4dd6a&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer

Non-compliance with a Tribunal Order may cost you.

The License Appeal Tribunal (the LAT) has found that an insurer’s failure to comply with a production Order from the Tribunal is unreasonable conduct and must be deterred.  In B.F. v. Wawanesa Mutual Insurance Company, 2017 CanLII 9821 (ON LAT), an adjudicator made a costs Order against Wawanesa following its failure to produce documents set out in the case conference Order for productions.

http://www.millerthomson.com/en/blog/mt-insurance-law-blog/non-compliance-tribunal-order-may-cost/

Ontario judge lets suspected drunk driver walk over ‘inexcusable’ 10-minute breathalyzer delay

Police officers are on notice to hustle with their breathalyzers, now that an Ontario judge has acquitted an accused drunk driver because of “a constitutionally inexcusable delay of approximately 10 minutes.”

http://news.nationalpost.com/toronto/ten-minute-breathalyzer-delay-lets-suspected-drunk-driver-walk

We can’t afford to wait: We need opioid alternatives for pain

While prescription opioids are effective for short-term pain relief, there is little data supporting the effectiveness of long-term use – but there is evidence of potential harm. Longer opioid therapy can also lead to individuals requiring higher doses to obtain the same degree of pain relief. Higher doses may further increase associated harms such as overdose, falls and motor-vehicle accidents.

http://www.theglobeandmail.com/opinion/we-cant-afford-to-wait-we-need-opioid-alternatives-for-pain/article33695817/

Smoking medical pot ‘a really dangerous thing for your lungs’

As medical pot becomes increasingly mainstream and Canada moves toward legalizing the substance, health experts are emphasizing the need for doctors and patients to consider the sometimes serious side effects linked to the various ways of consuming the drug.

http://globalnews.ca/news/3288671/smoking-medical-pot-a-really-dangerous-thing-for-your-lungs/

Concussion blood test could make waves in treatment, recovery

A new blood test developed in London, Ont. that claims to show with 90 per cent accuracy whether a concussion has occurred could become a significant tool for health professionals and the public, says Toronto critical injury lawyer Salvatore Shaw.

http://www.advocatedaily.com/salvatore-shaw-concussion-blood-test-could-make-waves-in-treatment-recovery.html

Brace yourself for huge ICBC rate hikes: Baldrey

Those are questions worth pondering given the latest update on the Crown Corporation’s fiscal situation. A few months back in this space, I pointed out ICBC was once again being used as a political football by the B.C. Liberal government and it now appears the air has been rapidly squeezed out of the ball.

http://www.ilstv.com/brace-huge-icbc-rate-hikes-baldrey/

Changes to benefit entitlement in 2016 adds to family’s struggle after man seriously injured in crash

Bari, 35, a tool and dye maker, is entitled to up to $86,000 in benefits to assist in his recovery, but, had the collision occurred 24 hours earlier, he would have been eligible for up to $2 million.

http://www.simcoereformer.ca/2017/03/03/changes-to-benefit-entitlement-in-2016-adds-to-familys-struggle-after-man-seriously-injured-in-crash