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December 17, 2019

by Admin2

The hidden cost of Ontario auto accident injuries

“At the end of the day, unpaid claimants don’t just go away. They end up on public support,” said Rhona DesRoches, chair of the board of FAIR Association of Victims for Accident Insurance Reform, in a recent interview with Canadian Underwriter.

https://www.canadianunderwriter.ca/legislation-regulation/the-hidden-cost-of-ontario-auto-accident-injuries-1004171840/

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Doug Downey reveals strategy of new lawyer regulation, legal aid plan

An expansive list of changes to the justice system will require more accountability from lawyers — but will also hopefully ease some regulatory burden, says Ontario Attorney General Doug Downey.

https://www.lawtimesnews.com/resources/professional-regulation/doug-downey-reveals-strategy-of-new-lawyer-regulation-legal-aid-plan/324073

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Class Actions Changes In Ontario: You’d Better Hurry Up

Ontario’s Attorney General has proposed a bevy of changes to the provincial justice system in Bill 161, the Smarter and Stronger Justice Act, 2019. Changes are being proposed to 20 statutes, amongst them the Class Proceedings Act, 1992, the statute that governs class actions in Ontario.

http://www.mondaq.com/article.asp?articleid=874766

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Is there a doctor in the court? Psychologist’s evidence is not good enough for verbal threshold, court rules

When a driver is sued by an accident victim, a psychologist does not qualify as a “physician” under Ontario’s verbal threshold, a judge said in a ruling released Wednesday in favour of Aviva.

https://www.canadianunderwriter.ca/insurance/is-there-a-doctor-in-the-court-psychologists-evidence-is-not-good-enough-for-verbal-threshold-court-rules-1004171715/

See: Mundinger v. Ashton, 2019 ONSC 7161 (CanLII), <http://canlii.ca/t/j3w6c

Not at all what the Court of Appeal said only a few months ago in Rodrigues v. Purtill, 2019 ONCA 740 (CanLII), <http://canlii.ca/t/j2hbh

Rodrigues v. Purtill, 2018 ONSC 3102 (CanLII), <http://canlii.ca/t/hsqbn

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Ontario needs to fix the ‘dooring’ loophole

The Toronto police keep statistics on it, and insurance companies consider “dooring” — a crash caused by a driver opening a car door into a cyclist — to be a traffic collision covered by accident insurance.

https://www.thestar.com/opinion/editorials/2019/12/16/ontario-needs-to-fix-the-dooring-loophole.html

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Canadian healthcare services provider acquires AssessMed

Lifemark Health Group (LHG) has acquired AssessMed, an independent medical examination services provider for auto insurers, as part of its strategy to diversify its medical assessment services across Canada.

https://www.canadianunderwriter.ca/mergers-and-aqcuisitions/canadian-healthcare-services-provider-acquires-assessmed-1004171707/

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BC attorney general puts a stop to ICBC rate application

Attorney general David Eby asked the insurer to delay its rate application until February of next year. The official explained in a statement that the delays are necessary in order to allow more time for two planned reforms to be implemented.

https://www.insurancebusinessmag.com/ca/news/auto-motor/bc-attorney-general-puts-a-stop-to-icbc-rate-application-194786.aspx

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Minister of Employment, Workforce Development and Disability Inclusion Mandate Letter

It is more important than ever for Canadians to unite and build a stronger, more inclusive and more resilient country. The Government of Canada is the central institution to promote that unity of purpose and, as a Minister in that Government, you have a personal duty and responsibility to fulfill that objective.

https://pm.gc.ca/en/mandate-letters/minister-employment-workforce-development-and-disability-inclusion-mandate-letter

December 12, 2019

by Admin2

CPSO Consult – have your say about IMEs (Third Party Insurer Medical Examinations) and how your experience shapes your opinion about the insurer doctors who work in the Ontario auto insurance system.

http://policyconsult.cpso.on.ca/?page_id=12358

The College is currently reviewing its Third Party Reports and Medical Expert: Reports and Testimony policies. These policies set out expectations for physicians who: complete or prepare third party reports, conduct independent medical examinations, and provide medical expert reports and testimony. The reports, examinations and testimony are for purposes other than the provision of health care (e.g. for insurance benefits, or in respect of workplace issues, attendance in educational programs, legal proceedings, or other third party process). We are inviting feedback at this preliminary stage to help inform our review of the policies.

View the current Third Party Reports policy.

View the current Medical Expert: Reports and Testimony policy.

Complete our brief online survey.

Post your comments on our consultation discussion page and/or read the feedback.

submit your comments by February 9, 2020

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Standard form motor vehicle insurance policy must have same meaning for all claimants

Applicant was resident of Ontario living in British Columbia. While passenger on all-terrain vehicle owned and driven by B.C. resident on public trail, applicant fell off and suffered severe brain injury. Applicant, who was named insured under Ontario automobile policy, was denied coverage for statutory accident benefits (SABs) in Ontario.

http://www.ilstv.com/standard-form-motor-vehicle-insurance-policy-must-have-same-meaning-for-all-claimants/

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We Have Lost the Self-Regulation Argument: With or Without Us, the Public Is Moving On

It is still not well understood that the vast majority of SRLs are still looking for and extremely desirous of legal help. In my 2013 study, this figure was 86%. Similar results are reported by studies in the US, England and Wales, Australia, New Zealand, and Northern Ireland. All these studies also found that by far the most significant reason for self-representation is lack of funds, or exhaustion of available funds (half the SRLs you meet).

http://www.slaw.ca/2019/12/12/we-have-lost-the-self-regulation-argument-with-or-without-us-the-public-is-moving-on/?utm_source=dlvr.it&utm_medium=twitter

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Self-Represented Litigants & Legal Doctrines of “Vexatiousness”

In our new report from the SRL Case Law Database (the “CLD”), we explore trends in legal decisions regarding “vexatiousness”, a term that is sometimes applied to self-represented litigants (SRLs) and in some cases results in restricting their court access.

https://representingyourselfcanada.com/self-represented-litigants-legal-doctrines-of-vexatiousness/

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Province offers no comfort to disabled who fear loss of support

After more than a year of waiting for the Ford government to reveal its plans to overhaul Ontario’s welfare program for the disabled, people who rely on the program and their supporters went to Queen’s Park Tuesday seeking clarity.

https://www.thestar.com/news/gta/2019/12/10/province-offers-no-comfort-to-disabled-who-fear-loss-of-support.html

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ODSP expenditures have increased because the program is better meeting the needs of Ontarians with disabilities: ISAC responds to the Auditor General’s Report

On December 4, 2019, the Auditor General released an audit of the Ontario Disability Support Program (ODSP). ODSP is a critical program that provides monthly income supports and health benefits to low-income persons with disabilities who have no other means to pay for their basic necessities such as food and shelter.

http://incomesecurity.org/policy-advocacy/odsp-expenditures-have-increased-because-the-program-is-better-meeting-the-needs-of-ontarians-with-disabilities-isac-responds-to-the-auditor-generals-report/#.Xeqb-1XD2fw.twitter

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People struggling on disability raise fears over proposed changes to ODSP

The Ford government must end more than a year of uncertainty surrounding a proposed welfare change that could deny disability support to tens of thousands of people with cancer, lupus and mental illness, says a coalition of more than 80 health and social service groups.

https://www.thestar.com/news/gta/2019/12/09/people-struggling-on-disability-raise-fears-over-proposed-changes-to-odsp.html

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Ontario not doing enough to verify disability benefits eligibility: auditor

TORONTO — Ontario’s auditor general says the Progressive Conservative government isn’t doing enough to verify that people receiving disability benefits are actually eligible.

https://barrie.ctvnews.ca/ontario-not-doing-enough-to-verify-disability-benefits-eligibility-auditor-1.4716939

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Researchers at the University of Toronto have found a potential explanation of what disrupted sleep does to the human brain. They studied 685 adults older than 65, who participated in two large U.S. studies, and looked at their sleep patterns, their performance on thinking tests and, later, their brain-tissue samples after the participants died.

https://www.theglobeandmail.com/canada/article-study-finds-link-between-dementia-and-lack-of-sleep/

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FBI warning: protect yourself from your new smart TV

The FBI is reminding the public to be aware of the features that come with enhanced televisions and guard against questionable data collection, monitoring, and security breaches.

https://www.ctvnews.ca/sci-tech/fbi-warning-protect-yourself-from-your-new-smart-tv-1.4716083

December 10, 2019

by Admin2

Basic Level Of Auto Insurance is Not Enough If You Are Hurt in A Car Accident

But only one out of 10 drivers has bought extended coverage, new research out of Kitchener reveals. This highlights problems that are now leading the Liberal government to consider overhauling the auto insurance system it regulates.

https://www.deutschmannlaw.com/blog/post/basic-level-of-auto-insurance-is-not-enough-if-you-are-hurt-in-a-car-accident

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How Car Insurance Companies Investigate Accident Claims

Insurance companies are businesses and they are, like all businesses, expected to make a profit.In the simplest terms, they do so by assessing risk and hoping they will pay less in claims than they earn in premiums. One way they can mitigate that risk is by making sure that they pay only what is necessary on claims.

https://derekwilsonlaw.ca/how-car-insurance-companies-investigate-accident-claims/

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Slipping, Falling, Tripping…. Was I in a Car Accident?

In the case of a car accident, all Ontarians have access to statutory automobile accident benefits, enacted as a regulation to the Insurance Act of Ontario. Accident Benefits provides injured car accident victims with such benefits as income replacement if they cannot work; medical and rehabilitation benefits if they need treatment, medications, and assistive devices; and attendant care benefits if they need a personal support worker, aide, nurse or another form of assistance that is similar.

https://otlablog.com/slipping-falling-tripping-was-i-in-a-car-accident/

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Appeal court frees catastrophically injured from ‘absurd,’ ‘Kafkaesque’ rule

Putting a hard time limit for claiming accident benefits put appellant Sotira Tomec in a situation that was “absurd” and “impossible,” said the November decision, Tomec v. Economical Mutual Insurance Company, 2019 ONCA 882, which overturned the lower court and Licence Appeal Tribunal.

https://www.lawtimesnews.com/practice-areas/personal-injury/appeal-court-frees-catastrophically-injured-from-absurd-kafkaesque-rule/323867

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Transparency is key to a smooth ride in auto insurance

Auto insurance is a huge consumer pain point across Canada. Whether they purchase their insurance through brokers or directly with insurance carriers, there’s one common question that’s resonating countrywide: ‘Why has my premium gone up?’

https://www.insurancebusinessmag.com/ca/news/auto-motor/transparency-is-key-to-a-smooth-ride-in-auto-insurance-194470.aspx

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How much will your auto insurance increase with a distracted driving conviction?

A driver distracted by their cell phone is four times more likely to crash than one who’s not, according to Ontario’s Ministry of Transportation. In some parts of Canada, in fact, distracted driving is beginning to be even more deadly than impaired driving.

https://www.lowestrates.ca/blog/auto/how-distracted-driving-fine-increases-auto-insurance

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Ontario justice bill touches on revenge porn, class-action suits

Broad new Ontario justice legislation introduced Monday targets everything from Legal Aid to proceeds of crime to revenge porn.

https://torontosun.com/news/provincial/ontario-justice-bill-touches-on-revenge-porn-class-action-suits

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Building a Stronger Justice System to Grow Safer Communities

Today, Attorney General Doug Downey introduced the Smarter and Stronger Justice Act to simplify a complex and outdated justice system. If passed, the bill would modernize and improve how legal aid services are delivered, class actions are handled, court processes are administered and make life easier for Ontarians by paving the way to allow identities and legal documents to be verified online.

https://news.ontario.ca/mag/en/2019/12/building-a-stronger-justice-system-to-grow-safer-communities.html

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Court backlog growing and courtrooms sit empty for hours every day: auditor

Bonnie Lysyk said in her annual report that a backlog of criminal cases in the court system is growing while courtrooms only operate for an average of 2.8 hours a day, and some child protection cases are going unresolved for more than three years.

https://www.thespec.com/news-story/9752370-court-backlog-growing-and-courtrooms-sit-empty-for-hours-every-day-auditor/

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Doug Downey Walks Back Additional Cuts Planned For Legal Aid Ontario

TORONTO — Ontario’s attorney general said he would backtrack on some planned cuts to legal aid as he unveiled a suite of changes to the justice system Monday.

https://www.huffingtonpost.ca/entry/ontario-walks-back-legal-aid-cuts_ca_5deec18ae4b00563b8563535?ncid=other_twitter_cooo9wqtham&utm_campaign=share_twitter

December 5, 2019

by Admin2

Auditor General releases the 2019 Annual Report http://www.auditor.on.ca/

Volume 1 Chapter 3 Section 3.09 Ontario Disability Support Program

http://www.auditor.on.ca/en/content/annualreports/arreports/en19/2019AR_v1_en_web.pdf

Volume 3 Ministry of the Attorney General Court Operations Chapter 2

http://www.auditor.on.ca/en/content/annualreports/arreports/en19/2019AR_v3_en_web.pdf

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Judges and Ontario government ‘consistently hampered’ audit of justice system delays, auditor general says

“A main takeaway from the access-to-information issues we experienced was that Ontario’s court operations need to be more transparent and accountable to the taxpayers who fund it,” Lysyk wrote in her report.

https://www.thestar.com/politics/provincial/2019/12/04/judges-and-ontario-government-consistently-hampered-audit-of-justice-system-delays-auditor-general-says.html

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Nearly 70,000 patients injured in Ontario’s hospitals each year: Auditor

TORONTO — Nearly 70,000 patients are injured while receiving care in Ontario’s hospitals each year, the province’s auditor general said Wednesday, calling for immediate government action to help reduce that number.

https://nationalpost.com/pmn/news-pmn/canada-news-pmn/nearly-70000-patients-injured-in-ontarios-hospitals-each-year-auditor

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College of Physicians and Surgeons continuity of care policy puts patients at risk

The new policy raises disturbing questions about the autonomy of the College of Physicians and its ability to fulfil its public interest mandate. The CPSO should commission an external expert to determine if it compromised its mandate by permitting undue influence from the OMA.

https://www.thestar.com/opinion/contributors/2019/12/04/college-of-physicians-and-surgeons-continuity-of-care-policy-puts-patients-at-risk.html

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Ontario chiropractors governing body in feud with college for allowing chiropractors to make false medical claims

The College of Chiropractors of Ontario — which oversees the profession — is being accused by chiropractic educational experts of endangering the public by allowing some chiropractors to make claims about the treatment of cancer, mental illness, ADHD and autism. Members of the CCO’s own executive have offered such treatments or speak at conferences espousing them.

https://nationalpost.com/news/canada/ontario-chiropractors-governing-body-in-feud-with-college-for-allowing-chiropractors-from-making-false-medical-claims

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Lambert v. Maracle, 2019 ONSC 7003 (CanLII), <http://canlii.ca/t/j3r32

[2] There are three issues in this case:

a. Whether the defendants, Michael Maracle, Jamie Walker, Ashley Kelsey, and Lianne Barbara Furlong, Vice President, Legal and Chief Litigation Counsel, from Aviva Insurance Company of Canada, should be compelled to attend for examinations for discovery on December 12, 2019, or such date as may be ordered by the court;

b. Whether the appointment set for examinations for discovery of the plaintiffs on October 1, 2019 should be struck and whether the certificate of non-attendance of the plaintiffs on that date should be struck; and

c. Whether Aviva should be compelled to produce an appropriate and further and better affidavit of documents, including detailed schedules, by a date to be ordered by the court.

RESULT:

[3] The plaintiffs’ motion is granted.

[4] The affidavit of documents sworn by Aviva on July 27, 2017 and served by Aviva on June 17, 2019 was deficient and not in compliance with the Rules. As a result of Aviva failing to serve an appropriate affidavit of documents, Aviva has not preserved for itself priority in conducting examinations for discovery first. Service of an appropriate affidavit of documents is an absolute requirement in order to preserve priority in conducting examinations for discovery.

[5] An order shall issue that the defendants, Michael Maracle, Jamie Walker, Ashley Kelsey, and Lianne Barbara Furlong (from Aviva) shall be compelled to attend for examinations for discovery. As Aviva is not available on December 12, 2019, the examinations for discovery of all parties shall take place within the approximate four-month period between February 17, 2020 and June 19, 2020 on consecutive days. The plaintiffs shall examine the defendants first to be followed immediately thereafter by the examination of all the plaintiffs by the defendant Aviva.

[6] The examinations for discovery of all of the plaintiffs and all the defendants shall take place in Kingston on consecutive days within the specified time period, unless otherwise specifically and unequivocally agreed to in writing by counsel. Once the dates are determined, the plaintiffs and Aviva shall serve their appropriate notices of examinations in accordance with the above order of directions and dates selected. If counsel are unable to agree upon the dates for the examinations for discovery by December 31, 2019, I may be spoken to and I will set the dates for the examinations of discovery to proceed, upon being requested to do so by either counsel.

[7] The plaintiffs are entitled to conduct their examinations for discovery of all the defendants first, in the order to be determined by the plaintiffs, such examinations to be held before the defendant Aviva examines the plaintiffs. The examinations of the plaintiffs shall be conducted in the order to be determined by the defendants.

[8] The notice of examination of the plaintiffs returnable October 1, 2019 in Kingston is struck and is of no force and effect. The certificate of non-attendance of the plaintiffs for examinations for discovery obtained by Aviva for October 1, 2019 is struck and is of no force and effect.

[9] The defendant Aviva shall be compelled to serve an appropriate and further and better affidavit of documents, including detailed schedules on or before January 15, 2020 in accordance with the Rules.

[10] Costs are reserved. If counsel are unable to agree on costs by December 31, 2019, counsel shall obtain a date for argument of the issue of costs before me from the Belleville trial coordinator between January 20, 2020 and February 14, 2020 to argue the issue of costs on the following terms:

(a) Both counsel shall serve and file their costs outline and any materials to be relied upon no later than 5 days before the hearing date as set by the court.

(b) The argument of the issue of costs shall be conducted by telephone conference held on the record.

(c) If there is non-compliance by any party, the issue of costs will be determined based upon the material filed as at the date set for the hearing of the argument on costs.

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Sarno v. Murphy, 2019 ONSC 7008 (CanLII), <http://canlii.ca/t/j3r3d

[1] This was a three-and-a-half-week trial where the plaintiff was awarded $36,000 in damages by the jury. Given that this is less than the vanishing deductible amount, I dismissed the action after the verdict. I entertained both written and oral costs submissions in this matter.

[15] Therefore, when I consider all the aforementioned factors and applicable caselaw, it occurs to me that the plaintiff would reasonably expect to pay $150,000 all inclusive at the end of trial. Accordingly, I hereby order that amount in costs.

[16] I note that the plaintiff is a woman of limited means and that her litigation insurance will only cover $93,000 of this award. To suggest that the plaintiff can easily come up with this money ignores the obvious. Therefore, in the exercise of my discretion and given the principle of fairness, the plaintiff has 12 months to pay.

December 3, 2019

by Admin2

Ontario Drivers Are Not Well Protected Financially in a Crash – Only 8% of people have purchased additional auto insurance coverage

We conducted out third Annual Survey on Ontario Auto Insurance this fall. It reveals that Ontario drivers are becoming slightly more aware of optional coverage, but they continue to be insufficiently protected particularly when it comes to medical benefits and income replacement benefits.

https://www.deutschmannlaw.com/blog/post/ontario-drivers-are-not-well-protected-financially-in-a-crash-only-8-of-people-have-purchased-additional-auto-insurance-coverage

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Do Insurance Companies Ever Lose Money on Auto Insurance?

Just like any business, insurance companies would like to make as much money as possible, but the fact is that auto insurance in Ontario is heavily regulated by the government, and insurance companies are only allowed to make a certain level of profit. If they make too much, the government forces them to cut their rates.

https://mitchellwhale.com/blog/insurance-companies-lose-money-auto-insurance-ontario/

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Understanding the Criteria for Admissibility of a Surveillance Operation as Evidence

Last October 3, the Court of Appeal of Québec issued an important decision in the CSSS Vallée-de-la-Gatineau Workers’ Union¹ case, concerning the admissibility as evidence of a videotape obtained as part of a surveillance operation. In this case, the Court of Appeal nullified an arbitration award that had previously refused to admit into evidence a videotape showing an employee engaged in activities that were incompatible with her state of disability.

https://langlois.ca/understanding-criteria-admissibility-surveillance-operation-evidence/?utm_source=Mondaq&utm_medium=syndication&utm_campaign=View-Original

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Early Thursday morning, a 77-year-old woman was run down while crossing Islington Avenue, in Toronto’s northwest, by a driver who didn’t stop to help her. According to police, neither did at least one subsequent motorist, who swerved around the fatally injured senior and kept going.

https://www.theglobeandmail.com/canada/toronto/article-decency-also-a-casualty-as-the-number-of-toronto-hit-and-runs-keep/?utm_medium=Referrer:+Social+Network+/+Media&utm_campaign=Shared+Web+Article+Links

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Province failing most vulnerable after legal aid ‘gutted,’ lawyer says

An Ottawa defence lawyer says some the city’s most vulnerable people are feeling the effects of a court system that’s been “gutted” by a massive cut to Legal Aid Ontario’s [LAO] finances.

https://www.cbc.ca/news/canada/ottawa/courtroom-lawyer-cut-leaves-most-vulnerable-in-lurch-1.5378428

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Half of homeless people have experienced traumatic brain injury: study

Roughly half of people who are homeless or in unstable housing have experienced a traumatic brain injuryin their lifetime, a new study has found, with potentially severe consequences for their mental and physical health.

https://globalnews.ca/news/6245863/homeless-traumatic-brain-injury/

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Insurance Brokers Negligence Cases in Ontario

Buying insurance is more complicated than buying a loaf of bread or a new pair of shoes. For starters, neither bread nor shoes are meant to last a lifetime, nor do they come with a fine print policy or instruction manual explaining what they’re all about. There’s no fine print when it comes to bread or shoes (other than perhaps the list of ingredients contained in the bread).

https://www.torontoinjurylawyerblog.com/insurance-brokers-negligence-cases-in-ontario/

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Plastic surgeon vows to fight potential class-action lawsuit alleging he filmed patients without consent

A Toronto plastic surgeon who could face a class-action lawsuit over allegations he breached the privacy rights of patients by recording them without their consent using surveillance cameras at his clinic said the suit is without merit and that he intends to vigorously defend himself against the allegations.

https://www.cbc.ca/news/canada/toronto-plastic-surgeon-class-action-1.5376239

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Purdue Pharma is seeking an injunction to temporarily halt all litigation against the company in Canada, as it seeks to settle thousands of lawsuits in the United States over a deadly opioid epidemic.

https://www.theglobeandmail.com/canada/article-purdue-pharma-asks-court-to-halt-all-litigation-against-it-in-canada/?cmpid=rss&utm_source=dlvr.it&utm_medium=twitter

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Patient complaints are up. Trust is down. What’s next?

John Jefferson isn’t the type of guy to back down from a challenge. So, when Jefferson’s care team told him they couldn’t save his foot after a motorcycle accident ripped out his talus, a major ankle bone, he refused to accept the possibility of amputation. Jefferson recalls telling his wife, “This is bullshit. There has to be a better way.”

https://uoftmedmagazine.utoronto.ca/2020/winter/#doc-are-you-listening

November 28, 2019

by Admin2

Resolving a problem with your lawyer or paralegal https://www.legalline.ca/legal-answers/resolving-a-problem-with-your-lawyer/

LSO Rules of Professional Conduct Chapter 3 Relationship to Clients https://lso.ca/about-lso/legislation-rules/rules-of-professional-conduct/chapter-3

When can my lawyer dump me as a client https://legalblogs.findlaw.ca/uncommon-law/when-can-my-lawyer-dump-me-as-a-client-510/

Breaking Up is Hard to Do https://www.gluckstein.com/breaking-up-is-hard-to-do/

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SABS Priority Disputes 101: Help!

It’s a Friday afternoon before a long weekend, of course, and you’ve just received a potential SABS priority dispute. A new Application for Accident Benefits arrives on your desk and the claimant alleges that she was in your insured’s vehicle at the time of the accident. Not surprisingly, you have no record of her under your insured’s policy.

https://www.sbalawyers.ca/coverage/sabs-priority-disputes-101-help/

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SABS Priority Disputes 101: Reflection on Deflection

In our first article in the Priority Dispute Series, I provided an overview of Ontario’s accident benefit priority dispute scheme and the process necessary to pursue and dispute priority.

https://www.insblogs.com/auto/sabs-priority-disputes-101-reflection-on-deflection/8946

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LAT throws out claim after occupational therapist disparages the insurer

Ontario’s Licence Appeal Tribunal (LAT) has ruled in favour of The Co-operators after completely dismissing an occupational therapist’s report that disparaged the insurer and provided opinions outside the scope of medical practice.

https://www.canadianunderwriter.ca/insurance/lat-throws-out-claim-after-occupational-therapist-disparages-the-insurer-1004171140/

B.S. vs. The Co-operators General Insurance Company, 2019 CanLII 110078 (ON LAT), <http://canlii.ca/t/j3gn8

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Aviva reveals shock statistics on car accidents in Canada

Aviva Canada’s new survey has revealed that half of Canadian drivers have no idea what to do immediately following an accident.

https://www.insurancebusinessmag.com/ca/news/auto-motor/aviva-reveals-shock-statistics-on-car-accidents-in-canada-193338.aspx

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Lack of Knowledge About Auto Insurance Continues to Hurt Ontario DriversA annual survey on Ontario Auto Insurance reveals that Ontario drivers are becoming slightly more aware of optional coverage, but drivers continue to be insufficiently protected particularly when it comes to medical benefits and income replacement benefits.

http://www.exchangemagazine.com/2019/week48/Thursday/19112812.htm

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Good-faith obligations survive bankruptcy of insured

The Ontario Superior Court of Justice recently confirmed in Re McEwen (2019 ONSC 5593) that an insurer’s duty of good faith is not extinguished on the bankruptcy of the insured.

https://www.lexology.com/library/detail.aspx?g=6be0fbd0-63e3-4cf0-a49a-7aacf1db8425&g=6be0fbd0-63e3-4cf0-a49a-7aacf1db8425

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Doctor facing criminal charges, professional discipline

An Ottawa doctor who specializes in pain treatment is scheduled to go to trial next year to face charges that include assault and uttering death threats, charges he denies.

https://ottawacitizen.com/news/doctor-facing-criminal-charges-professional-discipline

Ontario (College of Physicians and Surgeons of Ontario) v. Bélanger, 2018 ONCPSD 18 (CanLII), <http://canlii.ca/t/hrh6r

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Major shakeup in regulation of health professionals proposed in B.C. to improve patient safety

Patients in British Columbia could soon know about every single action taken by professional colleges in response to complaints about health-care workers, rather than just a select few.

https://www.cbc.ca/news/canada/british-columbia/bc-health-regulation-announcement-1.5375422

November 26, 2019

by Admin2

How does mediation work in personal injury cases?

Mediation is mandatory in any civil case commenced in Toronto, Ottawa or Windsor. There are mandatory mediation requirements under the Rules of Civil Procedure.

https://www.torontoinjurylawyerblog.com/how-does-mediation-work-in-personal-injury-cases/

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Ontario’s judicial integrity at risk with Doug Ford, Doug Downey scheme

Every politician dreams of leaving a lasting legacy. Ontario Attorney-General Ian Scott is one of the few to actually do so in an era where the role of the attorney general actually meant something more than being the premier’s lackey.

https://www.thespec.com/opinion-story/9736858-ontario-s-judicial-integrity-at-risk-with-doug-ford-doug-downey-scheme/

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Ontario’s judicial appointments must maintain political independence, says former AG Bryant

“Judicial appointments are not supposed to be democratic. They’re supposed to be independent of the other branches of the state,” says Bryant, now executive director of the Canadian Civil Liberties Association. “The system is made up of more than just a political branch. The whole point of having a judiciary is to hold [the premier] in check in the event that he does something that is tyrannical or oppressive.”

https://www.canadianlawyermag.com/resources/professional-regulation/ontarios-judicial-appointments-must-maintain-political-independence-says-former-ag-bryant/323103

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Limitation Periods in LTD Cases: As Clear As Mud?

Earlier this year, the Divisional Court released its unanimous decision in Western Life Assurance Company v. Penttila, which determined that the limitation period in LTD cases does not start to run until the date upon which it is “legally appropriate to commence legal proceedings to seek payment of benefits that the insurer refused to pay”.

https://oatleyvigmond.com/limitation-periods-in-ltd-cases/

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Fatal crashes will rise by 21 per cent if province proceeds with highway speed limit increase: experts

Fatal car crashes would likely rise by around 20 per cent on 400-series highways if the provincial government moved forward with its plan to raise speed limits from 100 kilometres per hour to 110 kilometres per hour.

https://www.thestar.com/news/gta/2019/11/22/fatal-crashes-will-rise-by-21-per-cent-if-province-proceeds-with-highway-speed-limit-increase-experts.html

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Lorraine Explains: Flying wheels are negligence, not accidents

Will we ever get serious about the impact of vehicle owner negligence? A long weekend drive home from the cottage last May – a trip so many of us make, so many times – had tragic results for an Ontario man and his wife.

https://driving.ca/column/lorraine/lorraine-complains-we-need-to-taking-flying-wheels-more-seriously

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Disabled man waits months for insurance company to replace scooter

It took six months, several calls and emails from a lawyer, and a CBC inquiry for an insurance company to finally respond to a claim from a disabled Nova Scotia man to replace his scooter, his only means of independence and transportation.

https://www.cbc.ca/news/canada/nova-scotia/insurance-claim-economical-insurance-delay-nova-scotia-1.5367706?__vfz=medium%3Dsharebar

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B.C. Attorney General won’t appeal court’s ruling on expert cap in motor vehicle accident cases

The B.C. government will not appeal a decision by the province’s Supreme Court which struck down changes to the rules of court which placed a limit on adversarial, expert witnesses in motor vehicle accident cases.

https://www.canadianlawyermag.com/practice-areas/personal-injury/b.c.-attorney-general-wont-appeal-courts-ruling-on-expert-cap-in-motor-vehicle-accident-cases/323047

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Windy, humid weather can make chronic pain feel worse, study finds

It may not just be in your head — chronic pain could feel worse on windy, humid days, research suggests.

Published in October, researchers at the University of Manchester in the U.K., along with funding from Versus Arthritis, found people with long-term health conditions were 20 per cent more likely to feel pain on humid and windy days.

https://globalnews.ca/news/6183279/chronic-pain-weather-study/

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‘Now I have a lovely Scottish brogue’ — The science behind foreign accent syndrome

Sharon Campbell-Rayment had a fall from a horse that knocked her out cold. Her recovery from that injury was complete with one small exception. For the past decade, ever since her accident, she’s spoken with a Scottish accent.

https://www.cbc.ca/radio/quirks/nov-23-psychedelics-and-waking-dreams-adding-feeling-to-virtual-reality-the-greatest-ape-and-more-1.5369357/now-i-have-a-lovely-scottish-brogue-the-science-behind-foreign-accent-syndrome-1.5369364

November 21, 2019

by Admin2

How many of Ontario’s injured car crash survivors have to take their insurer to a tribunal hearing (LAT) to get access to recovery benefits?

Lots. Too many. Which companies have more than their market share of claims in the LAT AABS system? All part of these Stats. The summary tells us that average # of days between application and decision has reached an epic 381 days – far more than promised with a new and streamlined hearings system! Note there are 2 pages – see the bottom of the excel sheet. How does your insurer stack up with cases at the LAT?

LAT AABS Applications (March 2019)

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Ontario government revamps simplified procedure to reduce delays for 2020

The Government of Ontario says it will double the monetary threshold in 2020 for civil claims that can use the simplified procedure process, one of several updates aimed at lowering legal costs and reducing delays.

https://www.lawtimesnews.com/practice-areas/litigation/ontario-government-revamps-simplified-procedure-to-reduce-delays-for-2020/322225

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Police chief proposes new Vision Zero enforcement team amid spike in collisions

Amid growing public pressure to crack down on dangerous drivers, Toronto police Chief Mark Saunders is pushing for the creation of a dedicated traffic enforcement team.

https://www.cbc.ca/news/canada/toronto/vision-zero-enforcement-team-saunders-1.5360797

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Surveillance and social media in personal injury cases

Although the Ontario Court of Appeal found that surveillance evidence excluded at a personal injury trial was not so significant as to make a difference as to damages, it was a “hollow verdict” for the defence in the case with some lessons about social media as evidence.

https://www.lawtimesnews.com/practice-areas/personal-injury/surveillance-and-social-media-in-personal-injury-cases/322223

ALL of the Nemchin v Green cases https://www.canlii.org/en/#search/sort=decisionDateDesc&id=Nemchin%20v%20Green&resultIndex=11

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Self-regulation: the end of an era? Lawyer discipline and the role of law societies

Anne Rempel has not had a positive experience with self-regulation. She has made two complaints to a Canadian law society, but the process left her feeling the concerns were not entirely addressed by the “black box” system of lawyer discipline.

https://www.canadianlawyermag.com/resources/professional-regulation/self-regulation-the-end-of-an-era-lawyer-discipline-and-the-role-of-law-societies/321919

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Ontario Court of Appeal clarifies test under “anti-SLAPP” legislation

On August 30, 2018, the Court of Appeal for Ontario released its long-awaited decisions in a series of appeals[1] addressing the limits of the province’s “anti-SLAPP” legislation. This was the first appellate interpretation of s. 137.1 of the Courts of Justice Act (CJA), which provides a preliminary, pretrial procedure for a defendant to seek dismissal of a claim where the litigation arises out of a defendant’s expression on a matter of public interest.

https://www.osler.com/en/resources/regulations/2018/ontario-court-of-appeal-clarifies-test-under-anti-slapp-legislation

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‘That’s a joke’: Ontario man reacts as driver faces $2,000 fine in near-fatal collision

Benjamin Schenk’s life was changed forever in May as he drove along Highway 400 south of Barrie.He and his wife Bella De Bartolo were on their way to a family cottage for the Victoria Day long weekend when a tire flew off a vehicle travelling in the opposite direction and crashed into their car.

https://globalnews.ca/news/6190577/highway-400-tire-collision-fine/?utm_source=%40globalnewsto&utm_medium=Twitter

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Crash Not Accident: Better Road-Safety Reporting Could Save Lives, Show Researchers

Planes do not slam into the ground accidentally, they crash. However, such language is not always used for road smashes: they are often described as “accidents,” as though no one was at fault. Campaign groups have been lobbying for neutral road-incident vocabulary for many years—“crash, not accident” is a common mantra—and now new research has demonstrated that thanks to the leading language used in media reporting, blame for road smashes is often placed on victims.

https://www.forbes.com/sites/carltonreid/2019/11/17/crash-not-accident-better-road-safety-reporting-could-save-lives-show-researchers/#760f72ac41ba

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Fact Sheet: Social Assistance Update

It has been almost a year since the Ontario government announced a number of proposed changes to our social assistance programs on Nov. 22, 2018. Many of these changes have been cancelled or postponed as a result of community resistance. This fact sheet explains where we are today.

http://incomesecurity.org/policy-advocacy/social-assistance-update/#.XdV0LuHIikg.twitter

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Ontario Launches Free Routine Dental Care for Low-Income Seniors

TORONTO — As part of its comprehensive plan to end hallway health care, Ontario is investing in programs that keep seniors healthy in their communities longer.

https://news.ontario.ca/opo/en/2019/11/ontario-launches-free-routine-dental-care-for-low-income-seniors.html?utm_source=all_news&utm_medium=rss_click&utm_campaign=rss_feed

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BC attorney general considers legislation to protect ICBC profits from government

British Columbia attorney general David Eby is considering another plan to help keep the troubled Insurance Corporation of BC (ICBC) afloat – this time, with legislation that would keep the provincial government’s hands off the insurer.

https://www.insurancebusinessmag.com/ca/news/breaking-news/bc-attorney-general-considers-legislation-to-protect-icbc-profits-from-government-192259.aspx?utm_campaign=Editorial%20-%20IB%20Canada&utm_content=106109978&utm_medium=social&utm_source=twitter&hss_channel=tw-2175416054

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‘I thought it was BS’: Alberta drivers facing higher insurance costs

Some Alberta drivers are facing increases in car insurance premiums next year, following the provincial government’s decision to lift a five per cent cap on rates.

https://www.cbc.ca/news/canada/edmonton/alberta-auto-insurance-rate-increase-ucp-cap-1.5361492

November 19, 2019

by Admin2

FAIR Submission to: Draft 2020-21 FSRA Priorities and Budget ID 2019-007

The message received by the public is that the FSRA is so fully stacked with insurers that there will be a singular message coming only from insurers and only in their interests to the Regulator. This does not ‘empower’ consumers who have effectively been silenced by an utter lack of inclusion.

http://www.fairassociation.ca/wp-content/uploads/2019/11/FAIR-Submission-to-Draft-2020-21-FSRA-Priorities-and-Budget-ID-2019-007-Nov-18-2019.pdf

Last week we sent out Tammy Kirkwood’s submission: http://www.fairassociation.ca/2019/11/tammy-kirkwood-submission-to-fsra-draft-statement-of-priorities-2019-007/

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Insurers’ medical examiner gets his day at Supreme Court of Canada

The Supreme Court of Canada is considering whether or not to send an insurance medical examiner’s libel case to trial, based on comments made by a personal injury lawyer about the examiner’s work in a closed forum that got leaked to the general public.

https://www.canadianunderwriter.ca/legal/insurers-medical-examiner-gets-his-day-at-supreme-court-of-canada-1004170786/

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Class action proceeds against pain clinic

The Ontario Superior Court reaffirmed that infectious outbreaks are well suited to class actions, as well as the use of subclasses, when it approved a certification amendment and de-certification motion in a medical infectious outbreak case.

https://www.lawtimesnews.com/practice-areas/personal-injury/class-action-proceeds-against-pain-clinic/322077

Background info at the bottom of this post: http://www.fairassociation.ca/2019/11/september-5-2019/

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Self-regulation: the end of an era? Lawyer discipline and the role of law societies

https://www.canadianlawyermag.com/resources/professional-regulation/self-regulation-the-end-of-an-era-lawyer-discipline-and-the-role-of-law-societies/321919

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Rastin cautiously optimistic about simplified procedure changes

A series of amendments to Rule 76, which governs actions proceeding under the simplified procedure, will take effect Jan. 1, 2020, including the doubling of the monetary jurisdiction for simplified actions from $100,000 to $200,000, the imposition of a hard five-day cap on trial length, and the elimination of juries, he says.

https://www.advocatedaily.com/steve-rastin-rastin-cautiously-optimistic-about-simplified-procedure-changes.html

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Distracted driving

First it was seat belts, then it was impaired driving, now, distracted driving. There are many forms of distracted driving that can arise in motor vehicle accident litigation. During the examination for discovery process there will be questions posed by lawyers on both sides about whose fault the accident was. Experienced trial lawyers, such as members of OTLA, have particular and special experience in determining this question known as ‘liability’.

https://otlablog.com/distracted-driving/

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New Data on Disability in Canada, 2017

https://www150.statcan.gc.ca/n1/pub/11-627-m/11-627-m2018035-eng.htm

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Ontario Government Changes To Disability Payments Should Be Reconsidered: Advocates

TORONTO — Advocates are calling on the Ontario government to reconsider its plan to narrow eligibility requirements for provincial disability payments and potentially cut hundreds of millions of dollars from the social services ministry in future years.

https://www.huffingtonpost.ca/entry/ontario-government-disability-changes_ca_5dcdd195e4b01f982efed7d0

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Welfare in Canada

Households that qualify for basic social assistance payments also qualify for other financial support

https://maytree.com/welfare-in-canada/ontario/

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Online Concussion Support Group

The Online Concussion Support Group welcomes you to a safe place where you can share your frustrations and struggles and connect with others who have had similar experiences.

http://obia.ca/online-concussion-support-group/