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  • FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education

Latest News Articles

FAIR does not accept responsibility for comments, opinions, statistical information etc. associated with the links listed below. Any opinions, points of view, etc. are not necessarily shared by FAIR.

For a complete list of recent articles, please go to our 'Media Articles' page under 'In the News'.
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Failure to keep good records and to show worsening of quality of life lead to denial of claims

NR was injured in a car accident on March 21, 2013 when a someone made a left turn in front of his vehicle leading to a crash. NR applied for and received an ACBs under the SABs from Pembridge. NR is appealing the stoppage of the ACB, and denials of a NEB, and medical benefits for dental services, and a TMJ assessment.

https://www.deutschmannlaw.com/blog/post/failure-to-keep-good-records-and-to-show-worsening-of-quality-of-life-lead-to-denial-of-claims

Preparing for a Neuropsychological Assessment

If a Neuropsychological Assessment is recommended after your collision, there are some things you can do to help prepare.  Firstly, remember this is not an exam or a test.  You do not need to study for this assessment.   This assessment may be referred to you from your family physician or an insurance company.

http://pickinguppieces.net/neuropsychological-assessment/

HANLON: Medical pot patients plan protest at finance minister’s office

Medical cannabis patients who use the plant to treat conditions ranging from eczema to cancer are coming together this Friday from 10 a.m. to noon in front of Finance Minister Bill Morneau’s downtown Toronto constituency office at 430 Parliament St., to call out the government’s proposed plan to increase the already unfair and burdensome tax on medical cannabis.

http://torontosun.com/news/local-news/hanlon-medical-pot-patients-plan-protest-at-finance-ministers-office

FAIR letter to Civil Rules Committee and AG Feb 2 2018

UPDATE: The response to our third letter to the Civil Rules Committee in respect to the poor quality of the medical ‘expert’ evidence used in Ontario courts to deny auto insurance claims. Civil Rules Committee letter to R DesRoches – Feb 12 2018

February 2, 2018

To the attention of the Civil Rules Committee,

On September 5, 2017 and November 5, 2107 FAIR sent your office letters via email and regular post in respect to the poor quality of the medical evidence used in personal injury civil suits in Ontario. We have not yet received an acknowledgement of your receipt of our correspondence.

Assuming that the Rules Committee takes an interest in the over 58,000 auto insurance related cases on the docket in Ontario courts and thousands more at the Financial Services and the Licensed Appeal Tribunal I thought it important that you be aware of how ineffective rules or rules broken without consequences is playing out in our courts and in the media.

Insurer’s father-daughter psychology team blasted for dodgy testing of severely hurt motorcyclist http://nationalpost.com/news/canada/insurers-father-daughter-psychology-team-blasted-for-dodgy-testing-of-severely-hurt-motorcyclist

Licensed to bill: How doctors profit from injury assessments that benefit insurers https://www.theglobeandmail.com/news/investigations/doctors-insurance-independent-medical-examinations/article37141790/

Insurance assessment firms altered, ghostwrote accident victim reports https://www.theglobeandmail.com/news/investigations/insurance-assessment-firms-altered-ghostwrote-accident-victim-reports/article37193127/

Attached is a list of some of the medical ‘experts’ associated with these articles and the comments we have on our website in respect to the adverse comments made by past triers-of-fact. Surely these experts shouldn’t be welcomed in our courts after such demonstrations of bias and or incompetence while ‘assisting’ the court.

We look forward to hearing back from your office about what action you might take to protect the integrity of Ontario’s courts.

Respectfully,

Rhona DesRoches

FAIR, Board Chair

Lawson, Kerry, Psychologist http://www.fairassociation.ca/wp-content/uploads/2017/11/Lawson-Kerry-Psychologist1.pdf

Dr. Howard Platnick http://www.fairassociation.ca/wp-content/uploads/2017/09/Platnick-Howard-A.-Family-Physician.pdf

Dr. Lawrence Reznek http://www.fairassociation.ca/wp-content/uploads/2017/12/Reznek-Lawrence-Raphael-Psychiatrist.pdf

Dr. Rajka Soric http://www.fairassociation.ca/wp-content/uploads/2016/12/Soric-Rajka-Physiatrist.pdf

Dr. Richard Hershberg http://www.fairassociation.ca/wp-content/uploads/2017/04/Hershberg-Richard-Ian-Psychiatry.pdf

Dr. Alborz Oshidari http://www.fairassociation.ca/wp-content/uploads/2017/11/Oshidari-Alborz-Physiatrist.pdf

Dr. Monte Bail http://www.fairassociation.ca/wp-content/uploads/2016/01/Bail-Monte-Psychiatrist.pdf

Dr. Stanley Debow http://www.fairassociation.ca/wp-content/uploads/2017/11/Debow-Stanley-Lawrence-Psychiatrist.pdf

Dr. Katherine Isles http://www.fairassociation.ca/wp-content/uploads/2018/02/Isles-Katherine-Occupational-Medicine.pdf

Dr. Leslie Kiraly http://www.fairassociation.ca/wp-content/uploads/2018/02/Kiraly-Leslie-Tamas-Psychiatrist.pdf

Dr. Adrian Upton http://www.fairassociation.ca/wp-content/uploads/2018/02/Upton-Adrian-Richard-Mainwaring-Neurologist.pdf

Dr. Anthony Graham

DUTY OF EXPERT 

Rules of Civil Procedure 4.1.01  (1)  It is the duty of every expert engaged by or on behalf of a party to provide evidence in relation to a proceeding under these rules,

(a) to provide opinion evidence that is fair, objective and non-partisan;

(b) to provide opinion evidence that is related only to matters that are within the expert’s area of expertise; and

(c) to provide such additional assistance as the court may reasonably require to determine a matter in issue.

Duty Prevails 

(2)  The duty in subrule (1) prevails over any obligation owed by the expert to the party by whom or on whose behalf he or she is engaged.

http://www.fairassociation.ca/ime-providers-adverse-comments/

____________________________________

FAIR Letter to Civil Rules Committee +AG Feb 2 2018

NOTE to Committee and AG re Letter to Civil Rules Committee September 5 2017

Letter to Civil Rules Committee September 5 2017

 

 

Civil juries: Gambling in a new age | Patrick Brown

What happens at the end of a jury case would not matter so much if we ensured that jurors were screened for bias at the beginning. Unfortunately in Ontario and other Canadian jurisdictions we have no real mechanism to do that. In Ontario, the Juries Act allows challenges based on eligibility (citizenship, criminal record, age) or a personal interest in the action. But as to whether a juror is “impartial or biased” there is no mechanism to weed them out. Under s. 108 of the Courts of Justice Act, the judge may discharge a juror on grounds of “illness, hardship, partiality” but partiality is not defined nor is a process in place to determine such.

https://www.thelawyersdaily.ca/articles/5718/civil-juries-gambling-in-a-new-age-patrick-brown?category=columnists

The definitive guide to auto insurance savings in 2018

Canadians pay too much for auto insurance. To help rectify this issue we’ve compiled a list of 40 ways drivers can reduce the cost of their premiums. Not all recommendations will be applicable to all drivers, but there is something here that will help almost any motorist pay less. Read on to learn how you can save on your auto insurance policy.

https://www.insurancehunter.ca/blog/definitive-guide-auto-insurance-savings-2018

Collision Staged – Not An Accident – MD v Intact LAT 17-000532

WAS APPLICANT IN ACCIDENT: applicant’s evidence contains very many inconsistencies; applicant fails to call own expert witness; applicant fails to show that incident is an accident; expert testimony regarding collision differs greatly from the applicant’s evidence

https://www.deutschmannlaw.com/blog/post/collision-staged-not-an-accident-md-v-intact-lat-17-000532

Opioid Prescribing in Ontario

Despite the increasing numbers of opioid-related deaths and the growing prevalence of opioid addiction, the total number of prescriptions filled in Ontario continues to rise.

http://www.hqontario.ca/System-Performance/Specialized-Reports/Opioid-Prescribing

Proceed with caution when prescribing opioids, Ontario government agency urges doctors

An Ontario government agency is urging the province’s doctors to be mindful of prescription strength and length when putting patients on a new course of opioids.

http://www.cbc.ca/news/canada/toronto/caution-opiods-prescribing-doctors-addiction-1.4502731

Husband’s brain injury ‘changed everything’: Orillia woman

Melissa Jirovec was working as a registered nurse at Cochrane’s Lady Minto Hospital in June 2014 when her fiancé was brought into the emergency department in a barely recognizable state.

“I was the first to identify him,” she recalled. “His head was swollen.”

https://www.simcoe.com/community-story/8077812-husband-s-brain-injury-changed-everything-orillia-woman/#.Wmnar8XGyQc.twitter