In Schaefer v Ayeneababa, the defendant sought a judgment to dismiss because the plaintiff, who had been rear-ended while driving on Highway 427, started legal action more than two years after the accident.
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Third-party litigation funding
The practice has been in place in countries such as Australia and the United States for several years. One of the most high-profile examples is the funding by Silicon Valley billionaire Peter Thiel of the successful lawsuit by Hulk Hogan against Gawker over the publishing of a sex tape involving the former pro wrestler. In Canada, it is still a new phenomenon involving less salacious subject matter and primarily used in class action litigation.
http://www.canadianlawyermag.c
Canada: Proving Pain At Trial
In personal injury litigation, proving the fault of the other party is only half the battle; proving the injury and damages caused by an event can often be more difficult. Frequently personal injury lawyers are in the position of needing to convince a judge and a 6 person jury that the injured client in front of them is experiencing severe, chronic, and debilitating pain, despite the absence of any visible physical injury.
http://www.mondaq.com/canada/x
Ontario eyes stronger protections for workers who get sick on the job
Ontario aims to have a dedicated occupational disease response team in place by the end of the year to improve prevention and enforcement, as well as help workers who get sick from chemical exposures file compensation claims, the Star has learned.
S.M. v M.S.R., 2016 CanLII 84119 (ON HPARB)
- 4. The Applicant was involved in an ongoing accident benefits claim with her own insurer and an ongoing civil action regarding the motor vehicle accidents. From 2006 to 2014, she attended more than 40 independent medical examinations (IMEs) in relation to her accident benefits claim and civil action.
- 6. By letter dated February 17, 2015, the Applicant complained to the College about the Respondent’s conduct at the IME. She expressed concern as follows:
- i) “at an IME with [the Respondent] I felt so uncomfortable that at one point I excused myself, went outside and felt suicidal. He came out to get me and I returned to complete the session…”
- ii) “I don’t recall exactly what we were talking about but all of a sudden I felt like my whole world was coming to an end. It was the way he was asking me questions… I felt as if he had led me on with his friendliness and then used some kind of interrogation technique, like they would use with a criminal or in a war zone …”
iii) “Upon leaving I felt as if I had been mentally raped.”
- iv) “I continue to suffer severe stress and anxiety attacks relating to this incident.”
Ontario Judge admits: Jury trials exist to keep damage awards low for insurance companies
A recent decision of the Ontario Superior Court is making waves in the legal circles because of the trial judge’s bold statements about the role of civil jury trials in our justice system—specifically in car accident litigation.
Neuropsychological Assessment Is One Assessment Not Two
In a January 11, 2017 decision, Nicole Breadner v. Co-operators General Insurance Company, A15-005120, Arbitrator Colleen King of FSCO found that a neuropsychological assessment is one assessment, not two; therefore capping the amount payable in relation to the OCF-18 at $2,000 plus applicable taxes and form completion costs in accordance with section 25(5)(a) of the Statutory Accident Benefits Schedule – Effective September 1, 2010, (the “Schedule”).
Non-Earner Benefits Revisited – Impact of Recent Changes
There has been a major reduction in the availability of non-earner benefits with the legislative changes to the Statutory Accident Benefits Schedule that went into effect on June 1, 2016.
http://www.hshlawyers.com/arti
Amdur: How Ontario’s welfare system fails those in need
Randall Denley, in a Jan. 5 column, argues that, in addressing the social assistance system, “The first thing is to get the welfare changes to one side and focus on the disability income shortfall.” However, the social assistance rates he cites suggest his conclusion is wrong.
http://ottawacitizen.com/opini
The Truth About Auto Insurance
You can’t always get what you want, and now you just might find, you CAN’T get what you need