(PRLeap.com) October 8, 2016 – A case held in the Ontario Superior Court of Justice has sent ripples through the auto insurance industry and potentially set an interesting precedent. The ruling says that vehicles taken without consent are classed as “uninsured” even if the owner has insurance. Shop Insurance Canada explains what this could mean for the auto insurance industry.
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Drug-impaired driving law presents some challenges
New law in Ontario will mean administrative licence suspensions for those charged with driving while impaired by drugs. Previous to this, administrative suspensions only followed when an individual was charged with refusing to provide samples or providing a breath sample in excess of the legal limit of alcohol.
http://www.advocatedaily.com/t
Supreme Court of Canada hears appeal over Nova Scotia auto family protection endorsement
The Supreme Court of Canada heard Wednesday an appeal from a Nova Scotia auto accident victim whose future Canada Pension Plan disability payments were ordered deducted from the amount payable under his family protection endorsement.
Ontario Liberals want privatization guru to assess cash value of eHealth
The cash-strapped provincial government wants to cash in on the patient data collected by eHealth Ontario without compromising privacy or privatizing record-keeping.
https://www.thestar.com/news/q
Fund to prevent homelessness stacked against kids, disabled, advocates say
Toronto single mother Laura Bardeau, who is disabled and struggles to raise two boys on social assistance, lost all her furniture to bedbugs last April.
Headaches After Head Injuries — Post-Traumatic Headaches
Headache immediately following a head injury usually clears after minutes or days but sometimes headaches may persist for months or rarely years. The long-term headaches are called post-traumatic or post-concussion headaches.
Dhawan v Arnold, 2016 ONSC 6304 (CanLII)
[9] When all is considered it seems to me that this is a case where either plaintiff’s counsel legitimately believed that liability was not an issue which would justify the granting of leave for discoveries by application of the more stringent test set out in Hill, or, counsel inadvertently passed the trial record when he ought to have known that liability was still an issue. I believe the latter scenario is the more likely one.
[10] On the facts of this case, I would apply the suggested approach set out in the BNL case. I prefer the approach suggested by Master Muir in the BNLdecision at paragraph 14, over the approach put forward in Hill.
[11] The simple truth is this would be a straightforward discovery, they could take place in less than two hours or by written interrogatory. The trial will not be delayed as a result of granting leave. The order will stipulate that the discovery and accompanying undertakings will have to be completed within a 120 day window following the release of this endorsement. This negates the principal reason for rule 48.04 which is to “ensure that matters are not set down until they are ready for trial. This practice avoids delays and the loss of valuable trial time” as per BNL. This trial scheduled for May 29, 2017 will not be lost by granting leave, nor will the defendant be prejudiced in any manner.
Our experience reporting accident benefit/auto fraud to the FSCO Fraud Tip Line
When you wish to report a fraud, there is a Fraud Hotline, 1-855-5TIP-NOW or 1-855-584-7669. There is also an online form you can complete on the FSCO website. Accident Benefit and Car Accident Fraud has been made to be a big deal with all of the huffing and puffing which insurers do about this “epidemic“. You would think that reporting a fraud would be simple, and that the fraud team at FSCO would know what they’re dealing with, and get right on it seeing as it’s such a big deal.
Revised Auto Insurance Claim Forms: OCF-18, OCF-21 and OCF-23
The Financial Services Commission of Ontario (FSCO) has updated the consent language of the OCF-18 – Treatment and Assessment Plan, OCF-21 – Auto Insurance Standard Invoice and the OCF-23 – Treatment Confirmation Form, relating to the collection, use and disclosure of information captured by these forms for the purposes of data analytics to detect fraud.
http://www.fsco.gov.on.ca/en/a
Experts should not bow to pressure of ‘deep pockets’
A recent Ontario Superior Court of Justice decision that highlighted questions around bias of medical experts illustrates the duty of experts to serve the court rather than plaintiffs or insurance companies, says Toronto personal injury lawyer Simmy Yu.
http://www.advocatedaily.com/s