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Latest News Articles

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June 27, 2018

by Admin2

Insurance lawyer questions whether LAT has ‘appearance’ of fairness

An anonymous letter about how an auto injury claim was handled by the Ontario License Appeal Tribunal raises “concerns” about the LAT decision-making process, an insurance lawyer warns. 
 
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Auto insurer on hook for $300K after client address mix-ups

An Ontario court recently ordered Gore Mutual Insurance Company to pay a $300,000 balance owing on a settlement judgment, after finding that the inability of the company and its lawyers to locate their insured car owner and her son (who was involved in an accident) did not mean the car owner client was trying to evade the legal process. 
 
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ONTARIO OMBUDSMAN 2017-2018 ANNUAL REPORT

In his third Annual Report as Ombudsman, Paul Dubé details the highlights of the 21,154 complaints his office received from the public in 2017-2018, and the “positive change” sparked by its investigations.
 

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Wednesday: What’s Hot on CanLII 

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Wildlife Collisions on Ontario Highways

From moose to bears to elk and other large species, our majestic wildlife is part of what makes Ontario’s natural environments such special places. But when wildlife and vehicles are sharing the same space, tragedy can easily occur for both humans and animals.  According to the BC-based Wildlife Collision Prevention Program, there are 4 to 8 large animal-vehicle collisions every hour in Canada. And every year here in Ontario, hundreds of people are seriously injured in accidents involving large animals. Tragically, some lose their lives. 
 
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Richmond Hill assisted living home attempting to evict quadriplegic man 

This is the only home Rohan Salmon has known since the day, almost 16 years ago, his car rolled over and left him a quadriplegic.

Now he lies bedridden, catching his breath every time there is a knock on the door, afraid it could be the sheriff coming to take him away.

June 26, 2018

by Admin2

Anonymous letter leads to LAT adjudicator’s decision being set aside

“I would predict that pretty much everyone who has lost a case at a tribunal can do a Freedom of Information request to that tribunal or adjudicative body, and if I see there is basically unsolicited or unrequested influence or input or editing by anyone, especially by someone with authority over the adjudicator, then they can go to Divisional Court and ask for it to be set aside,” he adds.
 
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V501 – Divisional Court Overturns LAT Decision Which Did Not Reflect the Independent Decision of the Adjudicator

In a startling turn of events, the Divisional Court has set aside a LAT decision on the basis that the minimum standards to ensure the existence and appearance of adjudicative independence were not met. We can imagine this decision could have ripple effects on the LAT’s past and ongoing decisions. 
 
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Who am I? The Case of the Named Insured and the Owner

What happens when an auto insurer sends a policy termination notice to the named insured, but the named insured does not own the vehicle insured under the policy? 
 
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The Day of Impact – Part 1

About a year after my motor vehicle collision someone asked me “why don’t you blog about your crash”? I thought this was such an odd thing to say to me. I was recovering trying to put my life back together so why on earth would I share my terrible experience that I was enduring? It didn’t make sense to me at the time as I could barely get out of bed to face the day let alone sit down and blog about it.

http://pickinguppieces.net/motor-vehicle-collision-2/

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Life after the spinal cord injury

Cycling on the roads and highways of Canada is a dangerous business. A 2012 Ontario Coroner’s Report on cycling deaths reported that of the 129 deaths between 2006 and 2010 of cyclists on the roads all of them, 100% were preventable.   
 
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Concussions and the legal process: a primer

Those suffering from a concussion as the result of an accident should consult with a lawyer who understands the challenges and can appropriately defend their rights, writes Ottawa personal injury lawyer David Hollingsworth writes in Concussion Canada. 
 
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$65,000 Non-Pecuniary Assessment for Chronic “Low Level” Pain

In the recent case (McGoningle v. Parada) the Plaintiff was involved in a 2013 collision that the Defendant accepted fault for.  The Plaintiff suffered various soft tissue injuries which largely improved however she was left with chronic low level pain.  
 

June 25, 2018

by Admin2

June 22, 2018

by Admin2

June 21, 2018

by Admin2

Superior Court decision calls into question whether LAT decisions are impartial or independent

[67]  There is no formal and voluntary process, despite the statutory accountability process that calls for one. As the decision in this case was subjected to a peer review process that did not contain the required safeguards of adjudicative independence, decision of the adjudicator is set aside and referred back to the LAT for a new hearing. 
http://www.fairassociation.ca/ 2018/06/superior-court-decisio n-calls-into-question-whether- lat-decisions-are-impartial-or -independent/
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Insurance Myths: Real or Busted?

Car insurance. It’s something you don’t really want to pay for until, all of a sudden, you need it. Then you’re either glad you had it or wishing you had more. That’s the rub with it, too. Car insurance can be complicated: Long documents, myriad terms and conditions, and arcane rate calculation formulas make it all a little mysterious when you’re looking at the bill. 
 
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Customers express willingness for insurers to access social media data for lower premiums

Privacy is a major debating point in our age of big data. Customers apparently value their privacy, but it seems if relinquishing some private data results in a reduction in insurance prices, consumers are on board. 
 
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How can Toronto be a world class city with so many pedestrian deaths?

Cars have accidentally hit and killed at least 18 pedestrians and four cyclists in Toronto since the start of 2018 — and we’re barely halfway through the year. With yet another fatal accident occurring on Monday, the death toll continues to grow. And rather than just bracing for another death, we need to take action. Soon. 
 
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Road safety advocates want next city council to ‘step up,’ boost cycling network and traffic calming measures

Daniella Levy-Pinto
 has lost track of the number of times she’s nearly been hit by cars turning right on red lights.

As someone with complete vision loss, Levy-Pinto gets around Toronto by relying on her hearing and her trusty guide dog. But the safe streets advocate and Walk Toronto spokesperson says there are constant challenges: Poor street designs, speeding drivers, narrow sidewalks, to name a few.

https://www.cbc.ca/news/canada /toronto/buildthevisionto-1. 4712171

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Questions to ask your ATE insurance provider

People who need after-the-event (ATE) legal expense insurance should take care to thoroughly research providers before committing, says Nick Robson, vice-president and general counsel in the Toronto office of the TheJudge Global. 
 
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Brian Goldfinger’s Legal Advertising Case to Conclude With Joint Submission

TORONTO: A resolution reached today between ‎lawyer Brian Goldfinger and the regulator of Ontario’s legal profession will aid lawyers in navigating the rules that govern lawyer advertising.

The resolution states that Mr. Goldfinger’s advertising constituted “misconduct” under the Law Society of Ontario’s rules, but that it was neither dishonest nor intentionally deceptive.

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What is a Neuropsychologist?

Most people know what a psychologist is.  However, most people do not know that, other than an MRI that scans brain structures, one of the most vital instruments to measure the presence, or the extent, of a brain injury, is neuropsychological testing.  In many serious accident claims, lawyers will often call a neuropsychologist to give expert evidence about their client’s injuries, ability to work and future treatment costs. 
 
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Intact reports ‘world of difference’ with telematics

Hard numbers showing the impact of telematics remain elusive, but Canada’s largest property and casualty insurer says the technology does separate the good risks from the bad.

Telematics is a vehicle diagnosis technology that collects data such as distance travelled, where a vehicle was driven, and potentially risky behaviour such as speeding, hard braking and sudden acceleration.

https://www.canadianunderwrite r.ca/insurance/intact-reports- world-difference-telematics-10 04133269/

June 20, 2018

by Admin2

Understanding Automobile Insurance

Whether you are currently shopping around for auto insurance, your policy is about to expire, or you’re looking to save money on your current policy, it is important to understand how your policy works.

The following information is designed to help you understand your auto insurance policy and all the various parts that make up your coverage, and to help you in purchase the insurance coverage that best meets your needs. 

 
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Basic vs. Optional Auto Insurance Coverage

To legally drive a vehicle in Ontario, your auto insurance policy must include: Third Party Liability; Accident Benefits coverage; Uninsured Automobile coverage; and Direct Compensation-Property Damage coverage. You’ll likely want to extend your policy beyond the mandatory coverage to increase your protection and benefits. Your insurance broker will help you understand and decide on the best level of protection to consider. The table below describes both mandatory and optional coverage available to Ontario drivers. 
 
 
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Classes of Impairment 

When a person is injured in an accident in Ontario and pursues a claim for accident benefits, the insurer will, at some point, make a determination as to the degree of their injury and impairment. An injured person may be found to have a minor injury, a non-catastrophic impairment or a catastrophic impairment. The onus is on the injured person to prove the degree of their impairments. 

https://www. accidentbenefitsontario.com/ classes-of-impairment/
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Basic income could work—if you do it Canada-style

Dana Bowman, 56, expresses gratitude for fresh produce at least 10 times in the hour and a half we’re having coffee on a frigid spring day in Lindsay, Ontario. Over the many years she scraped by on government disability payments, she tended to stick to frozen vegetables. She’d also save by visiting a food bank or buying marked-down items near or past their sell-by date. 
 

June 19, 2018

by Admin2

Time for a Shift in Auto Insurance

For the first time in 15 years the Liberals are no longer the party in power in Ontario. When the Liberals came into power in 2003, Ontario had a generous mandatory no-fault accident benefits for those injured in automobile crashes and corresponding limits on innocent victims’ right to sue at-fault drivers in tort. Over the past 15 years this quid pro quo has been eroded: no-fault benefits have been slashed while the rights for innocent victims to sue in tort have been further limited. It is a double whammy for Ontarians, reduced no-fault benefits and limited rights to sue in tort. 

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Customers say ‘yes’ to digital spying to cut insurance prices

How much does privacy really mean to insurance customers? If it means lowering insurance prices, perhaps not that much. 
 
 
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Reporting Unsafe Drivers: The New Role of Occupational Therapists in Ontario

Driving is an important daily activity for many and provides drivers with an independent means to get around and to manage our own needs outside of the home.  It reduces our reliance on others and provides us with freedom and control.  But it is a privilege, not a right, and sometimes people reach a point where driving is no longer safe, but yet they don’t voluntarily stop. 
 
 
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On Keeping Faith Following Severe Car Crashes

Now that you have survived a horrible car crash that has turned your life upside down, you may find yourself thinking frequently about how you could have died or suffered even more serious injuries. The fact of the matter is you were a victim and now you are a survivor. You would think the road ahead is just a matter of getting the help you need to recover and heal. Unfortunately, for many people, the crash may only be the beginning of victimization experiences. 
 
 
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Embedding consumer protection in competition policy
Governments have good reason to take consumer protection seriously, and not just because of the massive contribution consumer spending makes to the economy, nor the fact that consumers are also voters. Consumers today are key drivers and sources of innovation. The demanding and well-informed consumer helps to drive competition and forces firms to innovate. When consumers have confidence in the marketplace and the rules governing it, they are more likely to accept innovative new products and services, which are the essence of how advanced industrial economies can ensure sustainable job and income growth. 
 
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State Farm Mutual Insurance Company v. Economical, 2018 ONSC 3496 (CanLII), <http://canlii.ca/t/hsd8k 
 

[69]           In fact, there are any number of circumstances in which someone may be injured due to a defect in a car. For example, a defective wheel or tire could cause a drive to lose control or a defective exhaust system could cause the occupants of a car to become ill. There is no principled reason for differentiating between circumstances in which the defect leads to a sudden injury and circumstances in which the injury is caused over a period of time.

[70]           Economical makes a floodgates argument, arguing that allowing the arbitration will mean that anyone who develops any kind of repetitive injury due to the use of a motor vehicle could make a claim for accident benefits. The flaw in Economical’s argument is that the basis for the arbitrator’s decision was that Mr. Newman’s impairment was caused by the collapsed seat, and not by the ongoing strain caused to his body by driving generally. In this respect, it is noteworthy that Economical’s battle is with State Farm and not with Mr. Newman.  It is evident that, while State Farm takes the position that Economical is the priority insurer, it initially accepted Mr. Newman’s claim and accepted that Mr. Newman’s impairment was caused by an accident.

[71]           While a different arbitrator may have reached a different conclusion, the arbitrator’s decision that Mr. Newman was involved in an accident falls within “a range of possible, acceptable outcomes” given the facts and the law. Accordingly, in my view, the arbitrator’s finding that Mr. Newman’s impairment was caused by an accident is reasonable.

June 18, 2018

by Admin2

June 15, 2018

by Admin2

Overtaken By Events – LAT AABS Statistics April 2016 – December 2017

As is the case in any growing proposition, keeping an eye on the business activity and being nimble becomes the modus operandi. This is true of SLASTO’s rapidly expanding AABS service. With its promised goal of expediency and procedural fairness, is the LAT being overtaken by events? 
 
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Motorcycle rider hit by car – treatments reasonable and necessary – KWD and Progressive CANLII 39450 ON LAT 17-003705

KWD was injured in a motor vehicle accident on October 10, 2015 and sought benefits pursuant to the SABs which Progressive denied on the basis that the benefits were not reasonable and necessary. KWD applied to the LAT for dispute resolution. 
 

June 14, 2018

by Admin2

Personal Injury Cases in Ontario: The dehumanization of the Plaintiff

The term “dehumanize” was an interesting term introduced at mediation to describe the litigation process for car accident claims in Ontario. The term dehumanize is defined as to “deprive of positive human qualities” or “the process of depriving a person or group of positive human qualities.” 
 
 
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Two Steps Forward, One Step Back: Applying for CPP Disability when receiving Long-Term Disability Benefits

Many individuals who find themselves unable to work as a result of a serious injury or illness have disability benefits available through a group policy with their employer or through private coverage they have purchased independently. These policies typically provide 66.6% of your salary if the insurer determines that you meet the definition of disability as outlined in the contract. 
 
 
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Who’s in charge here? The tangled web of disability governance and policy in Canada 

At a recent Senate committee hearing on the Disability Tax Credit (DTC) and the Registered Disability Savings Plan (RDSP), the father of a child with autism made a heart-felt plea and a chilling statement: “We are impacted by the inability to secure our son’s future. We are his sole social circle, we are his financial backers, we are his transportation – we are his life. My fears keep me awake at night. 
 
 
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OHIP billings should not be public because ‘doctors are different,’ court told

The names of high-billing doctors should not be made public, lawyers for the Ontario Medical Association and two other doctor groups have told the Ontario Court of Appeal. 

“Doctors are different …Why are they different? Because they do not have a contract with government,” lawyer Linda Galessiere, acting for a group of physicians described as “affected third-party doctors,” argued Tuesday.

https://www.thestar.com/news/g ta/2018/06/13/ohip-billings-sh ould-not-be-public-because-doc tors-are-different-court-told. html