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A.S. v S.D., 2016 CanLII 50801 (ON HPARB)

http://canlii.ca/t/gsw08

  1. 3.                On April 9, 2010, the Applicant was involved in a motor vehicle collision (MVA). Subsequent to his accident, the Applicant has been treated andassessedby numerous medical professionals.
  2. 4.                The Respondent is a psychiatrist. On March 15, 2012, he performed an independent medicalexamination (IME) of the Applicant, arranged by Seiden Health Management on behalf of Unica Insurance.

 

  1. 5.                It is that assessment, and the Respondent’s IME report that formed the basis for the Applicant’s complaint.

 

In its decision, the Committee indicated its satisfaction that the Respondent’s assessment and report were in keeping with the College’s policy onThird Party Reports. It expressed its view that the Respondent “provided a thorough independent opinion that included a comprehensive history, a mental status examination, references to expert opinions by other examining specialists, and a medical opinion based upon his findings.”

 

  1. 23.            Although the Committee found that the Respondent prepared a reasonable report, it went on to note that the Respondent’s choice of words in some instances could be perceived as somewhat “adversarial and/or lacking in objectivity”. Observing that the Respondent had been the subject of a number of previous complaints of a similar nature, the Committee  encouraged him to reflect on the tone of his writing, to ensure that third party reports of this nature will be written in a neutral and objective manner.
  2. 24.            Regarding the Applicant’s concern with the Respondent’s professionalism, the Committee noted the divergent accounts of the parties, and indicated that as it was unable to determine with certainty what happened during the assessment, it was unable to conclude whether the Respondent was in any way inappropriate in his manner, and hence determined the appropriate disposition was to take no action on this aspect of the complaint.

Complications when claiming Accident Benefits for a Minor

On October 9, 2008, Tate Moran was injured in a motor vehicle accident. At the time of the accident, Ms. Moran was only 13 years old and as a result, her mother assisted her in filling out an Application for Accident Benefits (OCF-1) and Activities of Normal Life Form (OCF-12). Both forms were submitted to Economical Mutual Insurance Company on  November 12, 2008, as well as a Disability Certificate (OCF-3) indicating that Ms. Moran did not suffer a complete inability to carry on the activities of her normal life.

http://www.personalinjurylawyerservice.ca/blog/complications-when-claiming-accident-benefits-for-a-minor

Families feel betrayed by insurance companies after flood

Like hundreds of other households trying to pick up the pieces after Thrusday’s flood, Furlan felt his insurance company was leaving him high and dry.

“They told me I get $5,000,” he explained, calling it a rip off. “That isn’t going to cover anything. It was $10,000 before and now, suddenly, they say Tecumseh gets too many floods.”

http://windsorstar.com/news/local-news/families-face-flooding-cleanup

Injury claim by illegal immigrant denied: court

The Court of Appeal has ruled an illegal immigrant could not collect a personal injury claim from a provincial insurance fund after he was hit by an unidentified driver while crossing the street in 2011 because “he was not ordinarily resident in Ontario” at the time.

http://www.lawtimesnews.com/201610035684/headline-news/injury-claim-by-illegal-immigrant-denied-court

The doctor will see you now — via video from Ontario

During the visit on Wednesday, Plewes was assessed by a licensed practical nurse, had her vital signs taken and recorded, and then met online with the company’s chief medical director, Dr. Chad Burkhart, based in Southampton, Ont.

http://www.timescolonist.com/news/local/the-doctor-will-see-you-now-via-video-from-ontario-1.2356108

Backlog of applications for veterans benefits still greater than 11,500

Veterans Affairs benefits logjam ‘makes my argument’ for reform, says military ombudsman

“I think it’s patently cruel to force veterans to have to prove over and over again to Veterans Affairs medical doctors something they have proven to Canadian Forces medical doctors,” he said.

http://www.cbc.ca/news/politics/veterans-benefits-backlog-1.3781470

Three-day roadside suspensions for drug-impaired Ontario drivers start Oct. 2

Starting Oct. 2, drivers under the influence of drugs will face “an immediate licence suspension of three days for the first occurrence, seven days for the second occurrence and 30 days for the third and subsequent occurrences upon failure of a roadside sobriety test,” the province’s transportation ministry stated Wednesday in a release.

http://www.canadianunderwriter.ca/legislation-regulation/three-day-roadside-suspensions-drug-impaired-ontario-drivers-start-oct-2-1004100759/

Drug-impaired driving law lacks oversight, review

“The relevant law in this matter is s. 48.0.1 of the Highway Traffic Act. It was passed some time ago but comes into force this Sunday, Oct. 2,” he tells AdvocateDaily.com. “Challenging these administrative suspensions are almost impossible even though the testing is often problematic. This is especially worrisome given the highly subjective nature of the tests referred to in the Criminal Code, namely the walk and turn, one leg stand and horizontal gaze nystagmus (HGN) tests.”

http://www.advocatedaily.com/nathan-n–baker-drug-impaired-driving-law-lacks-oversight-review.html

Illegal immigrants not entitled to injury compensation from public funds: Ontario court

TORONTO — Illegal immigrants are not entitled to compensation from public funds for a motor vehicle accident, says Ontario’s court of appeal, which has rejected a hard-fought claim from a Brazilian man hurt in a hit-and-run when walking across a Toronto street.

http://news.nationalpost.com/news/canada/illegal-immigrants-not-entitled-to-injury-compensation-from-public-funds-ontario-court

Do you need non-owner car insurance?

For some people, owning a car just isn’t necessary. Depending on where you live you could be just fine taking public transit, walking, biking, or carpooling. But every so often you may need to take longer independent trips. Other times, you might take a turn driving someone else’s car for them if they need help. If you borrow or rent a car, you need to make sure you’re covered.

http://www.insurancehunter.ca/blog/do-you-need-non-owner-car-insurance