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September 12, 2018

by Admin2

8 More Things You (Probably) Don’t Know About Motor Vehicle Accident Injury Lawsuits in Ontario

Each year thousands of drivers, cyclists and pedestrians are injured in motor vehicle accidents in Ontario. Many never fully recover from their injuries and are left to deal with pain, limitations, medical and rehabilitation expenses and loss of income.

https://www.thomsonrogers.com/news/8-more-things-you-probably-dont-know-about-motor-vehicle-accident-injury-lawsuits-in-ontario/

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LAT Decision – Shane Minty vs. Motor Vehicle Accident Claims Fund

https://www.thomsonrogers.com/news/lat-decision-shane-minty-vs-motor-vehicle-accident-claims-fund/

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Sun Life ‘deceitfully’ concealed ‘sales misrepresentations’ about life insurance policies, customers allege

While the court battle was unfolding, Sun Life continued to administer the plans, charging increasing premiums to hundreds of thousands of Canadians while “deceitfully” concealing “its knowledge that systematic sales misrepresentations had occurred,” according to allegations filed in a long-running lawsuit brought by angry customers against Sun Life.

https://www.thestar.com/news/investigations/2018/09/11/sun-life-deceitfully-concealed-sales-misrepresentations-about-life-insurance-policies-customers-allege.html

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Disclosure of Harm – Preliminary Consultation – CPSO

The College is currently reviewing its Disclosure of Harm policy, which sets out the expectations of physicians in situations where a patient has experienced harm in the course of medical treatment. We are inviting feedback at this preliminary stage to help inform our review of the policy.

http://policyconsult.cpso.on.ca/?page_id=11292

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Canada: Attendant Care Benefits – Family Members & Professional Health Care Designations

Careful analysis of relevant case law dealing with family members claiming attendant care benefits pursuant to s. 3(7)(e)(iii)(A) of the Statutory Accident Benefits Schedule [“Schedule“] indicates that there are numerous factors to consider when determining eligibility. This case law examines whether a professional health care provider that is also a family member of the claimant (i) worked in that capacity at some point prior to the subject accident or at the time the attendant care services were provided; OR (ii) if not, he or she actively sought employment in that capacity at the time of the accident or at the time the services were provided.¹ In addition, this case law reviews this family member’s professional designation and credentials prior to determining whether the attendant care benefits are payable.

http://www.mondaq.com/canada/x/735610/Insurance/Attendant+Care+Benefits+Family+Members+Professional+Health+Care+Designations

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IBC poll reveals “high level of public frustration” over NL’s auto insurance

The Insurance Bureau of Canada (IBC) has released the results of its latest poll, which found that many consumers in Newfoundland and Labrador believe they are paying too much for car insurance.

https://www.insurancebusinessmag.com/ca/news/breaking-news/ibc-poll-reveals-high-level-of-public-frustration-over-nls-auto-insurance-111089.aspx

September 11, 2018

by Admin2

Expert witness battles dragging out personal injury trials

“A personal injury trial in British Columbia usually takes about a week, while in the United States they are done in three to four days,” says Rastin, managing partner with Rastin & Associates “In Ontario, it can take three to six weeks, which is a considerable cost for everyone involved.”

https://www.advocatedaily.com/steve-rastin-expert-witness-battles-dragging-out-personal-injury-trials.html

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Alleging that Insurer Is Trying to Bolster its Denial for a Hearing is Not Sufficient Reason for Refusing an Insurer Examination: LAT Decision 17-002973

Section 44(1) of the Statutory Accident Benefits Schedule provides insurers with the right to require parties to attend insurer examinations (IEs) so as to determine initial and continuing entitlement to benefits. This right is, however, limited to what is “reasonably necessary”. In 17-002973 v Aviva Insurance Company, the applicant was injured in a motor vehicle accident on March 31, 2016, when her parked vehicle was struck by another motor vehicle.

http://ztgh.com/resources/blog/alleging-that-insurer-trying-to-bolster-its-denial-for-a-hearing-is-not-sufficient-reason-for-refusing-and-insurer-examination-lat-decision-17-002973-by-hesam-motevalli

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Treatment financing critical when insurance benefits denied

Plaintiff lawyers do not like to see financing costs enter into the settlement equation if they can be avoided — but in the current litigation environment, third-party financing is an inevitable reality in many personal injury cases, including financing for medical and rehabilitation related treatment expenses, says Stephen Pauwels, co-founder and principal of Toronto-based specialist litigation finance firm BridgePoint Financial Services.

https://www.advocatedaily.com/bridgepoint-financial-services-inc—-stephen-pauwels-treatment-financing-critical-when-insurance-benefits-denied.html

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Ontario Laws Now Tougher on Careless Drivers Who Endanger or Hurt Pedestrians

We’ve written before about penalties for drivers who hit pedestrians or other vulnerable road users, and how the consequences are often grossly inadequate considering the injury or fatality they are responsible for.

It’s been a while since Ontario last strengthened laws against drivers who ignore crosswalk and crossover laws, but as of September 1st, the fines and demerits for these violations have increased.

https://www.vandykelaw.ca/2018/09/ontario-laws-now-tougher-on-careless-drivers-who-endanger-or-hurt-pedestrians/

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O’Brien v. O’Brien, 2018 ONSC 4665 (CanLII), <http://canlii.ca/t/ht8xw

[4] The defence has now brought what is commonly referred to as a “threshold motion” for a declaration that the plaintiff’s claim for non-pecuniary loss is barred on the basis that his injuries do not fall within the exceptions to the statutory immunity contained and provided for in s. 267.5(5) of the Insurance Act, RSO 1990, c I.8 and the applicable regulations.

Applicable Legal Principles

[5] Section 267.5 of the Insurance Act provides that the owner of an automobile is not liable in an action for non-pecuniary loss unless the injured person has sustained permanent serious disfigurement or permanent serious impairment of an important physical, mental or psychological function. In the present case the plaintiff did sustain some scarring of his ankle as a result of the accident, but there is no suggestion that this would meet the definition under the legislation. Therefore, the question to be addressed is whether he sustained a permanent, serious impairment of an important physical, mental or psychological function.

September 10, 2018

by Admin2

No need for broad interpretation of ‘spouse’ in SABs-context

A ruling that found the meaning of “spouse” under the Family Law Act (FLA) is not applicable when determining eligibility for accident benefits is ’principled and well-reasoned,’ Ottawa personal injury lawyer Najma Rashid tells AdvocateDaily.com.

https://www.advocatedaily.com/najma-rashid-no-need-for-broad-interpretation-of-spouse-in-sabs-context.html

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First and foremost, national accessibility legislation is an act of human rights and inclusion. Nobody wants to live in isolation or feel forgotten by society. Through my research on employment trends, I found that a large majority of people with disabilities have a strong desire to work and pay taxes. Unfortunately, these individuals still make up a disproportionate number of people working in jobs below their skill level, a trend called mal-employment.

https://www.theglobeandmail.com/business/careers/leadership/article-theres-a-business-case-for-accessibility-legislation/

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10 day notice period

“Sprinter” hit us this weekend. The ice storm in Toronto and the surrounding areas has resulted in cold, snow and ice. These conditions unfortunately increase the number of incidents occurring on municipal property, such as slip and falls on the sidewalk.

https://www.bogoroch.com/10-day-notice-period/?platform=hootsuite

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CPSO Annual Report

Annual Report, with accompanying Infographic, is now online! Learn about how many calls received from the public, how many cases the Discipline Committee considered, and other efforts to protect patients.

https://view.joomag.com/annual-report-2017/0446431001536249265?short

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16-003306 v Coachman Insurance Company, 2018 CanLII 81882 (ON LAT), <http://canlii.ca/t/htrrd

Award

[84] The applicant claims an award under Section 10 of Regulation 664 (O. Reg. 43/16, s. 4), which reads as follows:

If the Licence Appeal Tribunal finds that an insurer has unreasonably withheld or delayed payments, the Licence Appeal Tribunal, in addition to awarding the benefits and interest to which an insured person is entitled under the Statutory Accident Benefits Schedule, may award a lump sum of up to 50 per cent of the amount to which the person was entitled at the time of the award together with interest on all amounts then owing to the insured (including unpaid interest) at the rate of 2 per cent per month, compounded monthly, from the time the benefits first became payable under the Schedule.

[85] An award claim must be linked to a disputed benefit which is ordered payable. The applicant bears the onus of establishing, on a balance of probabilities that the respondent acted unreasonably in withholding or delaying the payment of a disputed benefit. I do not find that the respondent unreasonably withheld or delayed payment with respect to the income replacement benefit or the treatment plans that I found to be payable.

Did the respondent unreasonably withhold or delay payment of the attendant care benefit?

[86] I do find that the respondent acted unreasonably when it withheld payment of the attendant care benefit to a degree that would attract an award under section 10 of regulation 664. The respondent unreasonable conduct stems from the fact that it intentionally misrepresented the findings of its s.44 assessors in order to keep the applicant within the confines of the MIG. Letters from the respondent to the applicant dated March 24, 2016 and July 8, 2016 demonstrate this misrepresentation. Both letters state the following:

“It is the opinion of our assessors and determination of your insurer that your injuries are considered predominately under the Minor Injuries Guidelines not exceeding $3,500 for medicals/rehabilitations benefits; and you do not qualify to receive Income Replacement Benefits, nor Non-Earner benefits, Nor Attendant Care benefits.”

[87] The evidence before me clearly indicates that this was not the opinion of the respondent’s assessors and as such, I find this conduct to be unreasonable to a degree that would attract an award under section 10 of regulation 664. I am not persuaded by the respondent’s submission that the denial of the attendant care benefit was reasonable as it was based on the conclusions of Dr. Martin, Dr. Wolf and Dr. Kim each of whom concluded that the applicant did not satisfy the criteria for attendant care benefits. The respondent’s denial of attendant care benefits was directly linked to the finding that the applicant fell within the confines of the MIG.

Quantum of the Award

[88] The amount of the award must rationally relate to the circumstances of the case so as to further the goals of deterrence and should also be proportionate to the misconduct. The outstanding attendant care benefits owing is $38,662.12 (representing the 13 month, 11 day period in which I found the benefit to be payable). The maximum special award that can be awarded in this case amounts to $19,331.06 (50% of the $38,662.12 in attendant care benefits owing). A 50% award should be reserved for the most egregious conduct of the part of the insurer. This is not one of those cases. In this case I find that an award in the amount of $15,464.85 (representing a lump sum of 40% of the attendant care benefits), plus interest is appropriate. I have come to this conclusion taking the following into account:

I. The respondent’s actions were intentionally misleading.

II. The applicant is particularly vulnerable given that he came to Canada as a refugee in 2007 and as a result has very little economic and social roots in Canada.

III. Significant economic harm was imposed on the applicant by the respondent’s decision.

IV. The need to deter similar behavior in situations wherein there is notable power imbalance.

[89] Interest shall be determined by the parties in accordance with the Schedule.

September 7, 2018

by Admin2

Regulation suppressing required auto insurance rate increases

Some Canadian auto insurers would hike rates even further if provincial bureaucrats would let them, a New Jersey-based analyst said Wednesday at A.M. Best’s 2018 Insurance Market Briefing-Canada in Toronto.

https://www.canadianunderwriter.ca/legislation-regulation/big-disparity-auto-insurance-rates-1004136698/

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Suing your lawyer not a do-it-yourself affair

In 2006, a woman was injured in a car accident. Subsequently, she retained a lawyer to pursue damages against the driver of the vehicle. The lawyer handled her car accident case through the pre-trial conference, at which time he elicited a settlement offer from the defendant for $125,000, all-inclusive. The plaintiff accepted the offer and signed a release.

https://www.advocatedaily.com/michael-lesage-suing-your-lawyer-not-a-do-it-yourself-affair.html

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When I’m in the right lane on the highway, cars in the left lane often just kind of lurk there beside me. They’ll match my speed and, if there are other cars in the right lane, I end up boxed in. Shouldn’t they be passing me? – Suresh, Ottawa

https://www.theglobeandmail.com/drive/culture/article-about-that-slow-poke-in-the-middle-lane/

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Anatomy of a Trial

“When you are cross-examining an expert witness, you are never going to be able to outsmart them in their own field.” This is a key bit of insight Jocelyn Tatebe, of Dutton Brock LLP, took away from Anatomy of a Trial, a two-day program featuring presentations, demonstrations and interactive dialogue pertaining to all aspects of the trial process, hosted by the OBA’s Insurance Law Section on May 10 and 11.

https://www.oba.org/JUST/Archives_List/2018/August-2018/Anatomy-of-a-Trial

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Inequality and Discrimination in the Justice System

Of the most important life lessons I have learned in the last 35 years, many have been about recognizing inequality and powerlessness.

Growing up in a rural island community that presented as 100% white, Christian, and heterosexual, I was unaware of anyone from a different religious or ethnic group, or a different sexual identity, until I went to university – where in 1976, there was just one black student on the campus.

https://representingyourselfcanada.com/inequality-and-discrimination-in-the-justice-system/

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Proposed insurance changes will leave 2/3 of B.C. drivers ‘better off’: ICBC

The president of ICBC says two-thirds of drivers will be “better off” than they are today with proposed auto insurance changes expected to take effect in September 2019. But if you want to know how these changes are going to affect you personally, he says, you’re going to have to wait.

https://www.abbynews.com/news/proposed-insurance-changes-will-leave-2-3-of-b-c-drivers-better-off-icbc/

September 6, 2018

by Admin2

Ontario auto insurer’s examiner gets day in court

Last week’s court ruling against a prominent personal injury lawyer could give Ontario auto insurers’ medical examiners recourse if those doctors feel their conduct has been publicly maligned.

https://www.canadianunderwriter.ca/legal/ontario-auto-insurers-examiner-gets-day-court-1004136591/

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Everyone Should Have $2M Automobile Liability Limits

In Ontario, the mandatory minimum amount of automobile liability insurance that all drivers must have is $200,000. However, most drivers have $1M in coverage as it has become the insurance industry standard for insurers and brokers to sell at least $1M in coverage. That means that your insurer can pay out up to $1M in damages if you are sued (and the plaintiff proves their case).

http://otlablog.com/everyone-2m-automobile-liability-limits/

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Cannabis for your Chronic Pain in Personal Injury Cases (Ontario)

Recently in the news, a Windsor Ontario doctor was disciplined for over prescribing opioid medication. His license to practice medicine was revoked. This was the first disciplinary case of its kind involving the over prescribing of opioid medication where the doctor lost his license to practice medicine.

https://www.torontoinjurylawyerblog.com/cannabis-for-your-chronic-pain-in-personal-injury-cases-ontario/

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http://contelawyers.ca/common-myths-about-long-term-disability/

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The Opioid Chapters: 11 stories that show how complex the crisis is

One in nine Ontarians get a prescription for an opioid each year and three people die from an opioid-related death in Ontario every day.

http://healthydebate.ca/2018/09/topic/the-opioid-chapters

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17-007962 v Scottish & York, 2018 CanLII 81950 (ON LAT), <http://canlii.ca/t/htrsm

[15] I agree with the applicant that the costs of CAT assessments are funded outside the cap on medical and rehabilitation benefits for the following reasons:

i. My own reading of s.25(1)5 is that it clearly overs CAT assessments. I agree with the reasoning in Henderson[2] that “there is no room for ambiguity – the insurer shall pay the expenses of a CAT assessment”. Other adjudicators have reached the same conclusion.[3]

ii. My reading of s.18(5) is that it plainly refers to assessments in connection with any payment or benefit. I find the term “in connection with” to mean that the section only restricts the consumption of medical benefits by non-CAT impaired persons, and that this narrow restriction excludes assessments not directly related to a specific benefit or benefits.

iii. I concur with a body of decisions that CAT determinations are not a benefit, and neither are assessments required to apply for CAT determination. This further persuades me that CAT assessments are not included in any limit placed on payment for benefits.[4]

iv. I reject the insurer’s proposition that a decision by lawmakers in 2010 to lower the cap for non-CAT medical and rehabilitation benefits from $100,000 to $50,000 should be used to interpret this issue because of a “clear intent to limit recovery”. I find no connection between a decision to lower a cap and any decision as to what things should be included under that cap.

v. The effect of deducting CAT assessment costs from the $50K available to “not-yet-CAT” consumers would be to force seriously injured people to plan to hold a significant percentage of entitlement – in this case 37% — in reserve, just in case they need a CAT assessment. This would represent a serious deterrent to seeking needed treatment, or alternatively act as a major barrier to seeking CAT determination. I find it simply unbelievable that such obvious effects are intended or supported by any reasonable interpretation of the Schedule.

CONCLUSIONS

[16] The applicant’s approved costs of $18,534.00 for CAT assessment cannot be deducted from the $50K cap set by s.18 of the Schedule. They are payable under s.25 of the Schedule.

[17] The respondent must restore $18,434.00 to the balance remaining in the applicant’s current entitlement for benefits, pending determination of whether she is CAT impaired.

September 5, 2018

by Admin2

Ontario to stiffen penalties for dangerous driving and endangering pedestrians

The Ontario government is introducing a new charge for careless driving and will stiffen penalties for existing dangerous driving charges starting next month.

https://www.msn.com/en-ca/news/canada/ontario-to-stiffen-penalties-for-dangerous-driving-and-endangering-pedestrians/ar-BBMINy3?ocid=mailsignout

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State Farm Agrees to Pay $250 Million, Avoids Racketeering Trial

State Farm agreed to pay $250 million on the brink of a trial to customers who claimed the company tried to rig the Illinois justice system to wipe out a $1 billion jury verdict from 19 years ago.

https://amp.insurancejournal.com/news/national/2018/09/04/500127.htm?__twitter_impression=true

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IBC’s proposal to prevent carriers from exiting this province’s auto market

Insurers in Newfoundland and Labrador are calling on politicians to make structural changes to the province’s auto insurance system, saying their recommendations would better align the province’s auto premiums with those elsewhere in the Atlantic region.

https://www.canadianunderwriter.ca/insurance/ibcs-proposal-prevent-carriers-exiting-provinces-auto-market-1004136533/

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New concussion guidelines for U.S. kids could change practices worldwide

The guidelines, initiated by the U.S. Centers for Disease Control and Prevention and released Tuesday, include recommendations on the diagnosis, prognosis and treatment of mild concussions in children.

https://www.thestar.com/news/canada/2018/09/04/new-concussion-guidelines-for-us-kids-could-change-practices-worldwide.html

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Canadian patients search for dignity, freedom in self-directed care

https://www.ctvnews.ca/health/canadian-patients-search-for-dignity-freedom-in-self-directed-care-1.4079816

https://www.dfontario.ca/

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Self-Directed Personal Support Services Ontario Update

Today, the Ministry announced it is winding down the Self-Directed Personal Support Services Ontario agency to reduce the administrative burden of delivering home care. Taxpayer savings will be redirected to patient care.

http://www.health.gov.on.ca/en/news/update/hu_20183108.aspx

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Ontario’s Government for the People Announces Compassionate Wind Down of Basic Income Research Project

Ontario’s Government for the People announced today that the Basic Income research project will wind down at the end of the fiscal year.

https://news.ontario.ca/mcys/en/2018/08/ontarios-government-for-the-people-announces-compassionate-wind-down-of-basic-income-research-projec.html

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Ottawa doctor charged with sexual assault

Dr. Richard Nahas, 44, charged Thursday after alleged incident in November 2016

https://www.cbc.ca/news/canada/ottawa/ottawa-doctor-sexual-assault-1.4804989

https://www.seekerscentre.com/our-programs/

https://www.canlii.org/en/#search/text=%22Dr.%20Nahas%22

September 4, 2018

by Admin2

Ontario man faces $1.6 million lawsuit for neighbour’s slip-and-fall accident

https://www.insurancebusinessmag.com/ca/news/legal-expenses/ontario-man-faces-1-6-million-lawsuit-for-neighbours-slipandfall-accident-110373.aspx

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Ontario’s auto insurance brokers ‘leaving themselves open to exposure’

Auto insurance in Ontario is the headache that keeps on pounding.

https://www.insurancebusinessmag.com/ca/news/breaking-news/ontarios-auto-insurance-brokers-leaving-themselves-open-to-exposure-110376.aspx

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Auto Insurance in Newfoundland and Labrador: Working toward a solution for all drivers

This week, the Board of Commissioners of Public Utilities (PUB) resumes hearings in St. John’s, Newfoundland and Labrador (NL), as requested by the NL government. The purpose of these hearings is to review and report on a number of issues regarding auto insurance, including the reasons behind increasing claims costs and options to reduce costs.

https://www.newswire.ca/news-releases/auto-insurance-in-newfoundland-and-labrador-working-toward-a-solution-for-all-drivers-692389691.html

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Insurer CEO to personally visit FSCO asking for higher rates

The newly-elected Ontario government should let carriers change their rates without approval from the Financial Services Commission of Ontario, the president of a mutual that writes auto contends.

https://www.canadianunderwriter.ca/legislation-regulation/insurer-ceo-personally-visit-fsco-asking-higher-rates-1004136408/

August 30, 2018

by Admin2

Ontario car accident victims can be ‘hurt twice’ by lack of knowledge

Survey finds most drivers in the dark when it comes to claims for pain and suffering. Less than one in five (18 per cent) Ontario drivers are aware of the $37,983.33 statutory insurance deductible for pain and suffering caused by another driver.

https://www.kitchenerpost.ca/news-story/8868074-ontario-car-accident-victims-can-be-hurt-twice-by-lack-of-knowledge/#.W4deo920e70.twitter

Link to study: https://www.deutschmannlaw.com/insurance-study-2018

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Ontario’s Progressive Conservative government is breaking with a trend set by Ottawa and other provincial governments to publicly release ministerial mandate letters, as Premier Doug Ford’s documented instructions to his ministers have been designated a cabinet secret.

https://www.theglobeandmail.com/canada/article-premier-fords-government-will-not-release-its-ministers-mandate/?utm_medium=Referrer:+Social+Network+/+Media&utm_campaign=Shared+Web+Article+Links

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Over half of Canadians willing to embrace technology for a personalized discount on car insurance

TORONTO, Aug. 27, 2018 /CNW/ – Let’s face it, Canadians spend a lot of time in their cars. A new belairdirect survey by Leger found that while 71% of vehicle owners drive at least five days a week, 32% are actually driving less than 10,000 kilometres a year. Always looking to offer customers a best-in-class experience, belairdirect’s updated telematics tool, automerit, offers customers a personalized discount on their insurance for safe driving, and for those in Ontario, they may now be eligible for a discount for low kilometres.

https://www.newswire.ca/news-releases/over-half-of-canadians-willing-to-embrace-technology-for-a-personalized-discount-on-car-insurance-691788231.html

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Distracted Driving – A Larger Problem than Impaired Driving in Much of Canada

I’ve been posting a lot about distracted driving lately because the message isn’t getting through to many people. To be clear it is illegal, and unsafe. It is also now the leading cause of personal injury and death in car accidents in Quebec (more than impaired) and it is close to passing impaired driving as a leading cause of personal injury and death in the rest of Canada.

https://www.deutschmannlaw.com/blog/post/distracted-driving-a-larger-problem-than-impaired-driving-in-much-of-canada

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Regional Senior Justice Dismisses Plaintiff’s Attempt at Excluding Potential Jurors Who Drive and Pay for Automobile Insurance: Kapoor v. Kuzmanovski, 2018 ONSC 4770

The Ontario Superior Court of Justice recently heard a novel argument by a plaintiff in a civil motor vehicle accident action. The plaintiff brought a motion to exclude from her trial all potential jurors who drive and pay for automobile insurance premiums, or have premiums paid on their behalf, due to an “inherent conflict of interest”. The plaintiff argued that prospective jurors’ financial obligation to pay automobile insurance constituted a personal interest adverse to that of plaintiffs in motor vehicle accident cases. Regional Senior Justice Daley dismissed the motion in its entirety.

http://ztgh.com/resources/blog/regional-senior-justice-dismisses-plaintiffs-attempt-at-excluding-potential-jurors-who-drive-and-pay-for-automobile-insurance-kapoor-v-kuzmanovski-2018-onsc-4770

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Consultation: Review of Ontario government spending

Share your feedback to help make government programs more efficient and effective.

Your feedback will be used by the Ontario Government to inform work around the line-by-line review of spending on government programs and services.

We will report back on what we heard during this consultation in fall 2018.

https://www.ontario.ca/page/consultation-review-ontario-government-spending

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We need to equip lawyers with better trauma-informed legal skills

How clients react to emotional trauma is complex and difficult to predict. It is why representing clients who are experiencing trauma is always challenging at best. The danger, however, is that without proper training, it can be psychologically harmful to the client or lawyer, or both.

http://nationalmagazine.ca/Articles/August-2018/We-need-to-equip-lawyers-with-better-trauma-inform.aspx

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Ontario doc accused of sex abuse can work without restrictions: Court

TORONTO — A doctor accused of sexually abusing a patient will work without restrictions while his case is heard by Ontario’s medical watchdog, a court ruled Monday, reversing a decision by the regulatory body to place constraints on the gastroenterologist’s practice.

https://www.thesudburystar.com/news/national/ontario-doc-accused-of-sex-abuse-can-work-without-restrictions-court

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Basic Income Recipients Will Sue Ontario Over Cancellation

The PCs changed their tune in July and announced they would “wind down” the program. Participants hadn’t been notified before the press conference, and tell HuffPost Canada they still haven’t received further information about when their income will stop.

https://www.huffingtonpost.ca/2018/08/28/basic-income-recipients-will-sue-ontario-over-cancellation_a_23511127/

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No wonder our auto insurance premiums are so high!

Is it this type of questionable medical evidence behind the 58,105 people on the court docket http://goo.gl/Shn8kM waiting for hearings? What are all these hearings costing the taxpayers on top of what we are all paying for legal representation? Pretty expensive to keep Ontario’s insurers in business isn’t it?

This story has been playing out for a few years now – see the links below.

Platnick v. Bent, 2018 ONCA 687 DATE: 20180830 DOCKET: C63103 http://www.ontariocourts.ca/decisions/2018/2018ONCA0687.htm

A. OVERVIEW

[1] The appellant sued the respondents for libel, claiming damages of more than $15 million. The respondents defended the claim, advancing several defences, including justification and qualified privilege.

[2] The respondents successfully moved for a dismissal of the action under s. 137.1 of the Court of Justice Act, R.S.O. 1990, c. C.43 (“CJA”). The motion judge awarded the respondent, Maia Bent, her costs on a full indemnity basis, fixed at $282,943.42. He awarded the respondent, Lerners LLP, its costs on a partial indemnity basis, fixed at $30,000.

[3] The appellant appeals from the dismissal of the action. If that appeal is dismissed, the appellant seeks leave to appeal from the costs order.

[4] For the reasons that follow, I would hold that although the motion judge correctly determined that the expression in issue related to a matter of public interest, he erred in concluding that the appellant had failed to meet his onus under ss. 137.1(4)(a) and (b). I would hold that on a proper application of those provisions to the motion record, the appellant met that onus. I would further hold that s. 137.1 does not infringe s. 7 or s. 15 of the Canadian Charter of Rights and Freedoms.

[5] I would allow the appeal, set aside the dismissal of the action, and remit the matter to the trial court. Given my disposition of the main appeal, it is unnecessary to consider the application for leave to appeal the costs order.

[6] The appellant, Howard Platnick (“Dr. Platnick”), is a medical doctor. He spends much of his professional time preparing and reviewing medical assessments done in the context of disputes between insurers and persons injured in motor vehicle accidents. Dr. Platnick works mostly, but not exclusively, for insurers.

[7] The respondent, Maia Bent (“Ms. Bent”), is a lawyer and partner with the respondent law firm, Lerners LLP (“Lerners”). She acts for individuals who have been injured in motor vehicle accidents and are seeking compensation from insurers. At the relevant time, Ms. Bent was also the president-elect of the Ontario Trial Lawyers Association (“OTLA”), an organization of lawyers, law clerks, and law students who represent persons injured in motor vehicle accidents and who are involved in the automobile insurance dispute resolution process.

[103] Dr. Platnick gave extensive evidence in his affidavit about the negative impact of the email on his professional reputation, health, family life, and income. He claimed that within several days of the email being sent, insurers for whom he routinely did many medical assessments began cancelling appointments and stopped booking new ones. Dr. Platnick indicated that within a few weeks, almost all of his insurance work had dried up. By February 2015, about two-and-a-half months after the email was sent, some of the insurance work began to return to Dr. Platnick. He estimated that his income from that work remained at about 50% of what it had been before the email. Dr. Platnick claimed a loss of income for the period of January 1, 2015 to April 30, 2016, of $578,949. He filed an accountant’s report said to support that figure.

[104] On cross-examination, Dr. Platnick was not asked for further details about his alleged loss of income. He did, however, acknowledge that his gross income from insurance-related work in 2015 was “around” $1 million.

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The original media story: http://www.insurancebusiness.ca/ca/news/auto/medical-files-routinely-altered-to-suit-insurers-claims-fair-186692.aspx?p=1

Letter to MPPs regarding medical file manipulations Dec 23 2014

Background from the FAIR website re Platnick v Bent:

http://www.fairassociation.ca/2017/12/assessors-medical-opinion-evidence-libel-and-public-interest-case/

Platnick v. Bent – Endorsement (1) ONSC 7340 20161201

Platnick v. Bent – Endorsement Re Preliminary Motion (2) ONSC 7474 20161201

August 27, 2018

by Admin2

Can I Say “I’m Sorry” For An Accident?

You’re driving your car through an intersection on a green light. A bicyclist going the opposite way makes a sudden left turn across your path. You hit the brakes but can’t avoid the collision. The cyclist is knocked to the ground. You get out of your car and rush over to the cyclist. He’s obviously hurt. You feel badly. You blurt out, “I’m so sorry. I didn’t see you. Are you alright?”

https://www.thomsonrogers.com/news/can-i-say-im-sorry-for-an-accident/

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LAW TRIBUNAL EXAMINING DIAMOND’S ADVERTISING

The Law Society of Ontario says that lawyer Jeremy Diamond’s marketing is contrary to the Professional Rules of Conduct, according to a Law Society Tribunal “Notice of Application” filed Aug. 15.

https://www.lawtimesnews.com/article/monday-august-27-2018-16135/

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When parents give their kids permission to drive: the limit to ‘implied consent’

An Ontario auto insurer went too far in arguing that a motorist gave her son – whose license was suspended – implied permission to drive her vehicle because she left the keys on a hook while she was out of town.

https://www.canadianunderwriter.ca/insurance/parents-give-kids-permission-drive-limit-implied-consent-1004136166/

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Tow referral fee rules ‘hard to monitor and enforce,’ insurer warns

Auto insurance providers should remind motorists that in the event of an accident, it is usually the driver – not the tow truck operator – who decides where the car gets towed.

https://www.canadianunderwriter.ca/legislation-regulation/tow-referral-fee-rules-hard-monitor-enforce-insurer-warns-1004136102/

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Detroit mayor files suit against state over ‘exorbitant’ no-fault insurance rates

It seeks to have the state’s no-fault auto insurance law declared unconstitutional and then give the governor and Legislature six months to revise the law. If state leaders cannot find a solution, a judge should strike the no-fault law and order a return to a common-law tort system.

https://www.mlive.com/news/index.ssf/2018/08/detroit_mayor_files_suit_again.html

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How the Ontario Disability Support Program makes falling in love a challenging proposition

When Tim and Natalie Rose first moved in together, they had no idea that doing so would cause them to lose their income and leave them thousands of dollars in debt.

But that can be the reality for many couples when one or both partners receive assistance from the Ontario Disability Support Program, or ODSP.

https://tvo.org/article/current-affairs/-how-the-ontario-disability-support-program-makes-falling-in-love-a-challenging-proposition

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Can I split my ex’s disability CPP and insurance settlement?

Q: My ex-husband and I are separated but still legally married. He is 37 years old and was just approved for CPP Disability. He also received a lump sum for back pay CPP disability payments. If I apply for the pension/CPP credit split do I get back pay in a lump sum now too.? I’m receiving Ontario Disability Support Payments.

https://www.moneysense.ca/save/retirement/pensions/split-disability-cpp-insurance-divorce/

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Financial and recovery worry one year after traumatic injury: A prognostic, registry-based cohort study

Levels of stress post-injury, especially after compensable injury, are known to be associated with worse long-term recovery. It is therefore important to identify how, and in whom, worry and stress manifest post-injury.

https://www.injuryjournal.com/article/S0020-1383(18)30125-6/fulltext

August 23, 2018

by Admin2

Auto fraud getting worse, insurer says

Manitoba Public Insurance Corporation (MPI) is reporting an increase in auto insurance fraud, including false claims for income replacement benefits.

https://www.canadianunderwriter.ca/legal/auto-fraud-getting-worse-insurer-says-1004135991/

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MPI cracks down on insurance fraud

Toronto, Ontario – August 20, 2018 — Manitoba public insurance (MPI) is tightening up its security measures when it comes to insurance fraud, hoping it will result in lower insurance premiums, as reported by the Manitoba Sun.

https://www.collisionrepairmag.com/news/insurance/20892-mpi-cracks-down-on-insurance-fraud

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Canada: Auto Insurance Primer Part 4: Optional Benefits

Standard accident benefits ensure all Ontarians have a minimum amount of insurance coverage to protect them in the event of a car accident. However, changes to these limits in 2016 reduced these minimum levels greatly. In this final entry of our 4-part mini-blog series on auto insurance, we’ll suggest why purchasing additional optional benefits is a cost-effective way to keep you and your loved ones safe in the event of an accident.

http://www.mondaq.com/canada/x/729264/Insurance/Auto+Insurance+Primer+Part+4+Optional+Benefits

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Aviva Canada’s plan to decrease its exposure in Ontario auto

Aviva Canada is diversifying its portfolio of business to avoid exposure to deteriorating conditions in Ontario’s auto insurance market.

https://www.canadianunderwriter.ca/insurance/aviva-canadas-plan-decrease-exposure-ontario-auto-1004135273/

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Public Interest Regulation: Governance Reform at the Law Society of Ontario

The Law Society of Ontario (LSO) has launched a call for comments on potential governance reforms. Reform is long overdue. The governance of the LSO is archaic and in no way approximates the structure of a modern, effective board. To its credit, the LSO appears to recognize the problem and is attempting to move towards modernizing its governance.

http://www.slaw.ca/2018/08/22/public-interest-regulation-governance-reform-at-the-law-society-of-ontario/?utm_source=dlvr.it&utm_medium=twitter

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‘It doesn’t heal as quickly as the bones’: trauma survivors group offers peer support

TORONTO — Wednesday marks one month since a gunman went on a shooting rampage on a bustling street in Toronto’s Greektown, leaving two dead and 13 injured. Yet for these survivors, the trauma related to that night of violence may go far beyond their physical injuries.

https://nationalpost.com/pmn/news-pmn/canada-news-pmn/it-doesnt-heal-as-quickly-as-the-bones-trauma-survivors-group-offers-peer-support

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New Fitness to Drive Reporting Requirements

As a result of over 20 years of advocacy, the Highway Traffic Act was amended to provide more specifics around the types of medical conditions and impairments that are considered mandatory to report when assessing and reporting a patient’s fitness to drive. Correspondingly, the Ministry of Transportation’s (MTO) Medical Condition Report form was updated on July 1, 2018 to reflect this additional level of detail.

https://www.oma.org/sections/managing-your-practice/running-your-practice/fitness-to-drive/

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Long-term disability is an option for some people. However, do you really know what it is? When many people think of long-term disability insurance, they often think of this as a supplementary type of insurance that they do not need. While we hope that this is something that a person never has to use, the reality is that many people end up needing to use LTD through no fault of their own.

http://contelawyers.ca/common-myths-about-long-term-disability/

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Post-Concussion Syndrome and Disability Claims

Most people associate concussions with contact sports or combat, but a concussion could also occur as a result of a car accident, bicycle accident, slip and fall or an event that causes a blow t the head or violent shaking or movement of the head.

https://www.awaxmanlaw.ca/blog/post-concussion-syndrome-and-disability-claims

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SALMAN v. IPACS, 2018 ONSC 4803 (CanLII), <http://canlii.ca/t/htdb0

[1] The plaintiff’s action against the defendants is for damages for alleged lawyer’s negligence arising out of a settlement negotiated by the defendant, Robert Ipacs (“Ipacs”), of the plaintiff’s tort claim for injuries resulting from a motor vehicle accident. The settlement was agreed to by the plaintiff at a pre-trial on February 8, 2012.

[2] In her Amended Fresh as Amended Statement of Claim the plaintiff alleged that her interests were severely compromised by Ipacs’ negligent handling of her tort claim and his handling of the assessment of the final account of her previous lawyer Shawn Patey (“Patey”). Among the particulars of negligence pleaded in the statement of claim, the plaintiff alleged that Iapacs:

(a) failed to give her proper legal advice and instruct her on the possible consequences of accepting the offer of settlement of the tort claim;

(b) rashly advising the plaintiff to accept the tort claim offer when he knew or ought to have known that the offer was not adequate compensation for her injury, nor adequate to sustain her for the rest of her life; and

(c) being an incompetent legal advisor lacking in reasonable skill and experience such that he ought not to have been rendering legal advice.

[3] The defendants have brought a motion for summary judgment pursuant to rule 20 of the Rules of Civil Procedure dismissing the plaintiff’s action against them.

Background

[4] The plaintiff was involved in a motor vehicle accident on June 3, 2006 (the “accident”). The plaintiff initially retained a paralegal, Paula Stamp (“Stamp”), to handle her accident benefits claim arising from the accident. However the plaintiff retained Patey sometime in 2008 to assume carriage of the accident benefits claim following denials by the accident benefits insurer.