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Scientific research and the duty of medical experts

With scientific research relating to minor motor vehicle accidents more definitive than ever before, medical experts have a duty to be informed of the latest literature in order to make unbiased assessments in matters that are before the courts, says Toronto orthopaedic spine and trauma surgeon Dr. Michael Ford.

http://www.advocatedaily.com/michael-ford-scientific-research-and-the-duty-of-medical-experts.html

The courts weigh in on ‘ghost-written’ expert reports

While retaining experts is commonplace in civil litigation, counsel are not always aware of who the expert has worked with, behind the scenes, to compile research or prepare analyses that contribute to the written report. We are also not always aware when the report itself was written not by the signatory, but someone else who worked on the file.

https://www.thelawyersdaily.ca/personalinjury/articles/6011/the-courts-weigh-in-on-ghost-written-expert-reports

ATE insurance helps mitigate a host of risks

After-the-event (ATE) insurance has branched out beyond personal injury cases and is now available for all sorts of litigation, says Nick Robson, vice-president and general counsel in the Toronto office of the TheJudge Global.

http://www.advocatedaily.com/thejudge—nick-robson-ate-insurance-helps-mitigate-a-host-of-risks.html

Insurer Misses Broken Bones in Adjusting Claim – Applicant is Removed from MIG – PM v RBC LAT 16-001611

LIMITATION AND ENTITLEMNT TO BENEFITS: applicant did not provide any submissions to explain why it took approximately five months from the denial of EI benefits to the application for accident benefits; applicant makes case for IRBs;

https://www.deutschmannlaw.com/blog/post/insurer-misses-broken-bones-in-adjusting-claim-applicant-is-removed-from-mig-pm-v-rbc-lat-16-001611

MANDEL: Judge shortage puts fraud trial in jeopardy

Kiss a $14-million fraud case goodbye.

The frustration in the downtown Toronto courtroom was palpable. A scheme that allegedly defrauded 5,000 investors across Canada is now in “extreme jeopardy” after a judge shortage forced Superior Court Justice John McMahon to postpone the trial until January 2019. That will make it 60 months from the date of arrest to get to trial, double the 30-month maximum set out in the Supreme Court case known as R v. Jordan.

http://torontosun.com/news/local-news/mandel-judge-shortage-puts-fraud-trial-in-jeopardy

Proposed Changes to the Rules for Simplified Procedure

There is a movement underway that originated with the judiciary in Toronto to amend the Rules of Civil Procedure to expand the scope of Simplified Procedure.

http://www.mhalaw.ca/news-resources/legal-blog/proposed-changes-to-the-rules-for-simplified-procedure

This Toronto woman was hit by a bus last spring. They called for a body bag. Today she’s a ‘walking miracle’

It was a sunny, clear Easter Sunday afternoon when Theresa Laurico stepped off the Harbourfront streetcar, with her teacup Yorkie tucked under arm.

https://www.thestar.com/news/insight/2018/03/02/this-toronto-woman-was-hit-by-a-bus-last-spring-they-called-for-a-body-bag-today-shes-a-walking-miracle.html

Speeding driver acquitted in death of teenage cyclist

Despite evidence an illegal street race might have been underway when a speeding BMW 323i struck and killed a teenage cyclist, a judge has acquitted a Toronto man of various driving-related criminal offences.

https://www.thestar.com/news/crime/2018/03/01/speeding-driver-acquitted-in-death-of-teenage-cyclist.html

They cheat – You pay: How to report auto insurance fraud

TORONTOMarch 1, 2018 /CNW/ – March is Fraud Prevention Month, and Insurance Bureau of Canada (IBC) is asking you to help curb auto insurance fraud.

Auto insurance fraud costs Ontario drivers an estimated $1.6 billion each year. This means that $236 of a driver’s auto insurance premium pays for the illegal activities of fraudsters. The bottom line is: They cheat, you pay.

https://www.newswire.ca/news-releases/they-cheat—you-pay-how-to-report-auto-insurance-fraud-675519123.html

Emerging Trends in Personal Injury Damage Awards

In recent years, there have been a number of developments in the law which have resulted in escalating damage awards, particularly in catastrophic injury cases

http://mccagueborlack.com/emails/articles/damage-awards.html