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Parenting after Traumatic Events: Ways to Support Children

One of the most important messages for parents about traumatic experiences—such as car accidents, medical trauma, exposure to violence, disasters—that may impact them and their children is that while children of all ages can be impacted, most are resilient and able to cope and recover.

http://psychcentral.com/lib/parenting-after-traumatic-events-ways-to-support-children/

Bill to establish welfare rates based on cost of living introduced

“Over nine hundred thousand people in this province rely on Ontario Works or ODSP, but more than half of these families do not have enough to eat,” Miller said. “Children are going to school hungry. It has become impossible for the poorest people in this province to make ends meet.”

https://www.baytoday.ca/local-news/bill-to-establish-welfare-rates-based-on-cost-of-living-introduced-427193

Maria-Antony et al v.Kuris et al., 2016 ONSC 6118 (CanLII)

http://canlii.ca/t/gtwpp

Background

[4]               This action was commenced in 2003 in Newmarket as a result of two motor vehicle accidents that occurred in 2000 and 2001 in which the plaintiff claims to have sustained serious and permanent injuries as a result of each accident.  The action was transferred to Toronto in 2012.

[5]               The plaintiffs set this action down for trial on November 26, 2013.  The action was scheduled for a pre-trial conference on October 28, 2016 and a jury trial commencing on January 16, 2017 for 25 days. (I learned yesterday from Justice Wilson’s endorsement that there is a companion action which is also scheduled for trial at the same time as this action.)

RBC v Field, 2016 ONSC 5584 (CanLII)

[136]                 I conclude that RBC is entitled to recover those accident benefits wrongfully paid as a result of Ms. Field’s fraudulent conduct to recover damages for civil fraud for her wilful misrepresentations.  In view of the fact that section 233 (2) states subsection (1), including the wilful making of a false statement by an insured in respect of a claim does not invalidate the payment of accident benefits under SABS, I conclude as an alternate basis for recovery that RBC is entitled to the repayment of those accident benefits that Ms. Field was not entitled to claim under section 30(1) under section 47.  In respect of applying section 47as a remedy, I do not consider that Ms. Field is entitled to the provisions of subsection 47 (3) to receive notice or to repay the accident benefits in gradual increments under subsections 47 (2)(b) or (5) by extension.  In my view, those provisions do not apply in this case by virtue of section 47 (4) because the benefits here were procured through Ms. Field’s wilful misrepresentation or fraud.

Defence Medical Expert Bias

From a personal injury defence perspective, albeit troubling, these cases are highly instructive.  They clearly signal that defence counsel cannot ignore the need to exercise great caution when selecting an expert and particularly the need to identify and weigh any potential risk of disqualification based on bias.  These cases suggest that, before retaining an expert, defence counsel must take extra care to search reported decisions for any potentially troublesome comments about the expert and interview the expert to obtain a full history of their past retainers, and how much of their income is earned from providing defence medical-legal reports.   Only armed with this critical information, can defence counsel be able to assess the risk of disqualification and properly advise their clients of that risk.

An Eye for an Eye for car accident law in Ontario?

You or a loved one was hit by a negligent driver. The driver was texting on their cell phone at the time of the collision. The driver was charged and convicted of distracted driving and careless driving under the Highway Traffic Act.

http://www.torontoinjurylawyerblog.com/2016/09/eye-eye-car-accident-law-ontario.html

New legislation in October to target drivers impaired by drugs

New legislation is coming into effect on Oct. 2 that introduces harsher penalties for drivers impaired by drugs, 680 NEWS has learned.

Under the new legislation, drivers caught high behind the wheel will have their driver’s licence suspended just like those caught driving drunk.

http://www.bttoronto.ca/2016/09/16/new-legislation-in-october-to-target-drivers-impaired-by-drugs/

Drug-impaired drivers will be subject to more suspensions

According to the Toronto Sun, beginning on Oct. 2, Ontario law enforcement will have broader power in roadside stops. A police officer will then be allowed to issue “escalating roadside driving suspensions of three, seven or 30 days” if the officer has a reasonable belief that the driver in question was driving while impaired by the use of drugs.

http://www.advocatedaily.com/john-navarrete-drug-impaired-drivers-will-be-subject-to-more-suspensions.html

Thursday Thinkpiece: Sharp on the Right of Access to Justice Under the Rule of Law

Where the law gives an individual the right to a remedy, why must the associated cost so often render it a privilege? As Chief Justice McLachlin writes in the foreword to the Cromwell Report, “the problem of access to justice is not a new one. As long as justice has existed there have been those who have struggled to access it.” This is indicated by Clause 40 of The Magna Carta, an 800-year-old document, which states, “To no one will we sell, to no one will we refuse or delay, right or justice.”

http://www.slaw.ca/2016/09/29/thursday-thinkpiece-sharp-on-the-right-of-access-to-justice-under-the-rule-of-law/

Practice Perfect becomes eClaims enabled

Practice Perfect clinical management software is now enabled for electronic claims. By integrating an eClaims solution from TELUS Health, Canada’slargest health IT company, directly into the management software, Practice Perfect is delivering a seamless user experience that verifies patient insurance coverage, processes payments on behalf of their patients, and eliminates upfront costs for the patient.

http://www.ilstv.com/practice-perfect-becomes-eclaims-enabled/