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Latest News Articles

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Canada: Workplace Injury Benefits May Be Cut Off Despite Doctor’s Advice

A recent report by the Toronto-based Institute for Work and Health reveals that those who make return-to-work decisions about injured employees may be more interested in containing their costs than protecting the well-being of workers. Some doctors believe their recommendations following a workplace injury are frequently ignored, particularly when it comes to workers suffering from mental illness, chronic pain or multiple injuries. Physicians in Vancouver may concur with the report’s findings.

http://www.mondaq.com/canada/x/563720/Health+Safety/Workplace+injury+benefits+may+be+cut+off+despite+doctors+advice

‘Mind-boggling’ legal ordeal for brain-injured Medicine Hat woman takes new twist

Judy Gayton has a brain injury. In 2014, she was deemed incapable of representing herself by a neuropsychologist, prompting a judge to order that a lawyer be appointed as her litigation representative.

http://www.cbc.ca/news/canada/calgary/brain-injured-medicine-hate-legal-ordeal-1.3947305?platform=hootsuite

Ontario medical regulator wins appeal against own committee’s penalty on doctor

TORONTO — Ontario’s medical regulator has won an appeal of a penalty imposed by its own discipline committee after decrying the independent panel’s “demonstrably unfit” punishment of a Toronto doctor who sexually abused female patients.

http://www.ctvnews.ca/health/ontario-medical-regulator-wins-appeal-against-own-committee-s-penalty-on-doctor-1.3258628

Update on Charter Challenge of LAT

New date May 2, 3, 4 2017

Charter Challenge of LAT Factum of the Applicant

Independent Medical Examinations

The Ontario auto insurance industry is in crisis, for two main reasons: massive erosion of the coverage that injured drivers receivebiased doctor assessments of injured victims.

https://www.youtube.com/watch?v=lkC6yZRLpbs

Contingency fees driving up insurance prices in Ontario

“The cost difference between the provinces isn’t more accidents or a higher population density. Instead, it can be directly attributable to the large amount of costs taken from the system that do not contribute to helping accident victims,” Bianchi further observed.

http://www.insurancebusiness.ca/ca/news/breaking-news/contingency-fees-driving-up-insurance-prices-in-ontario-220228.aspx

Tendentious – What Does that Mean?

‘Long-time critic of Ontario auto insurers; their defence lawyers; and their hired gun medico-legal assessors. Also critical of plaintiff bar lethargy.’

https://insultandinjury.org/2017/01/26/tendentious-what-does-that-mean/

First nine months of 2016 ‘disappointing’ for Canadian P&C industry: Intact president

Brokers should expect personal automobile insurance to be “much more difficult” for their carriers, while a new definition of catastrophic impairment in Ontario was the most important change the province made effective June, 2016, the president of Intact Insurance suggested Wednesday to Toronto-area brokers.

http://www.canadianunderwriter.ca/insurance/first-nine-months-2016-disappointing-canadian-pc-industry-intact-president-1004107965/

Why expert witnesses can be critical in coverage litigation

Insurance brokers and claims professionals are often reminded to document their files: “If it’s not in writing, it didn’t happen.”

http://www.propertycasualty360.com/2017/01/24/why-expert-witnesses-can-be-critical-in-coverage-l?t=es-specialtyrefchannel-news%2F&page_all=1&slreturn=1485452257

Refusing Recommended Medical Treatment: The Duty to Mitigate

When does a plaintiff in a personal injury action have an obligation to accept recommended medical treatment in an effort to mitigate her injuries and how can her losses be reduced if she fails to fulfill such obligation?

http://www.lexology.com/library/detail.aspx?g=9adb1374-3b2d-48b8-a06a-cd799e084a51&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2017-01-26&utm_term=