Among civil litigators, 2015 was the “year of the expert,” with multiple decisions from the appellate courts on various issues related to expert evidence. Over the last two years, lower courts have been applying the principles articulated in 2015 so that we can now look back on how the seminal decisions have affected litigation practices.
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Pot legalization could increase auto accidents, top insurer warns
As Canada’s senators debate a bill that would legalize recreational marijuana, Canada’s largest property and casualty insurer is concerned about the “potential” for more auto collisions arising from the actions of stoned drivers.
Almost 1 million Canadians give up food, heat to afford prescriptions: study
968,000 people skimped on necessities to pay for their medicine in 2016, researchers find
Why Intact plans to raise auto insurance premiums
In 2017, new technologies and more expensive car parts increased the cost to repair a car, driving up Intact’s auto claims costs. “Cost pressures related to physical damage are more recent and have accelerated in the last few quarters,” Brindamour said. “That is why we have meaningful rate increases in the pipeline across the country.”
https://www.canadianunderwrite
Reports cite heavy toll of legal problems on Canadian society
The price paid for legal problems is not just made up of dollars and cents, but with impacts on health, loss of employment and an increased reliance on social assistance, reports the Canadian Forum on Civil Justice (CFCJ).
Plaintiffs must prove chronic pain is serious impairment
Two recent decisions of the Ontario Superior Court in so-called “threshold motions” suggest that it is still a high legal bar to show that chronic pain suffered by plaintiffs after a motor vehicle accident will meet the “serious impairment” standard set out in the provincial Insurance Act.
Arbitrator prefers more thorough assessment of applicant’s experts – ND v Aviva LAT 16-002568
On September 22, 2015 ND was a driver of a car was struck while attempting to make a left turn. ND applied for and received benefits under the SABs. Aviva initially paid for medical benefits. ND received heat/TENS, massage, physiotherapy, acupuncture, and chiropractic care. ND asserts that she continues to experience the effect of the sustained injuries, and her medical providers have recommended a chronic pain management program.
Using Social Media to Serve Notice of a Claim
Canadian Lawyer recently featured an article in which a Toronto lawyer could not track down a defendant whom she needed to serve. As a result of this she turned to social media and used Instagram to serve the notice.
https://www.deutschmannlaw.com
Lawyers’ groups express concerns over B.C.’s auto insurance reforms
The B.C. government has announced major steps to help the Insurance Corporation of British Columbia (ICBC) get out of financial crisis, but a number of organizations representing the legal community have expressed concerns the reforms to the provincially owned auto insurer may do unintended harm to victims of motor vehicle accidents.