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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

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For a complete list of recent articles, please go to our 'Media Articles' page under 'In the News'.
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FAIR letters to Colleges regarding insurer medical (IME) assessors Dec 2017

http://www.fairassociation.ca/2017/12/fair-letters-to-colleges-regarding-insurer-medical-ime-assessors-dec-2017/

Two reasons why Ontario approved increased auto rates

Increased vehicle technology and elevated auto loss ratios are among the factors contributing to rate increases in Ontario auto, Joel Baker, president and CEO of MSA Research, told Canadian Underwriter on Thursday.

https://www.canadianunderwriter.ca/insurance/two-reasons-ontario-approved-increased-auto-rates-1004126240/

Master refuses to bar Ontario lawyer from personal injury case

A master of the Ontario Superior Court has refused to remove defence counsel for an alleged conflict of interest in an unusual personal injury case.

In McCoy v. Loveday, Toronto lawyer Joel McCoy, the plaintiff in the case, tried to have lawyer Harvey Klein barred as acting as defence counsel because of conversations he had with other lawyers at Klein’s firm, Benson Percival Brown LLP.

http://www.canadianlawyermag.com/legalfeeds/author/alex-robinson/master-refuses-to-bar-ontario-lawyer-from-personal-injury-case-15214/#tab_1

Driverless cars and the irony of solving Ontario’s auto problem

As driverless cars become more popular, and as the focus of insurers gradually shifts from insuring vehicle owners to providing product liability for the manufacturers of autonomous vehicles, the Ontario government’s auto insurance reforms may finally be yielding some better results.

https://www.canadianunderwriter.ca/technology/driverless-cars-irony-solving-ontarios-auto-problem-1004126136/

Hospital Discharge After a Collision

You had a serious collision and you have been admitted to the hospital. You may be so overwhelmed with everything that is going on around you that you may have a hard time focusing when your doctor tells you it is time to take the necessary steps to discharge you from the hospital. Most people do not like staying in the hospital and although this may sound like good news to leave and recover, you should be prepared for your discharge.

http://pickinguppieces.net/hospital-discharge-collision/

Discriminating Against The Poor Is Legal. That Must Change

According to a recent survey conducted by the Ontario Human Rights Commission on discriminatory attitudes toward particular groups, people experiencing poverty received more negative evaluations than any other group. Only 39 per cent of those surveyed had “somewhat positive” feelings towards those receiving social assistance.

http://www.huffingtonpost.ca/elizabeth-mcisaac/discriminating-against-the-poor-is-legal-that-must-change_a_23330852/

MANDEL: Shameful attempts by auto insurer to fight paying a teen with catastrophic injury

It was a gotcha moment that didn’t go so well for an insurance company determined to play hard ball with a mentally ill young woman.

For 16 days — more than double the usual length of an arbitration — the lawyer for RBC Insurance, now Aviva, hammered away at S.P., insisting she wasn’t really left seriously injured after she was rear-ended in a 2010 collision when she was just 17.

http://torontosun.com/news/local-news/mandel-shameful-attempts-by-auto-insurer-to-fight-paying-a-teen-with-catastrophic-injury

FAIR letter to LSUC re how low can a defense lawyer go to save insurer $$$

 UPDATE: On January 22 2018, we did hear from LSO that they are reviewing our complaint 
On behalf of Ontario’s vulnerable and injured car accident victims who bring their insurance cases to hearings in Ontario’s justice system, FAIR asks that you investigate the behavior of Mr. Harry P. Brown as documented in the attached FSCO decision S.P. and RBC General (now Aviva) 5453. The FSCO arbitrator’s words lead us to believe that this case calls into question whether Mr. Brown’s conduct meets the standards and expectations of the LSUC/LSO and the Rules of Professional Conduct.

Signs An Insurer Is Not Negotiating A Long Term Disability Claim in Good Faith

Things don’t always appear as they seem. When it comes to disability benefits claims, an insurer must look at the facts objectively and within context. Making assumptions or judgments could seriously interfere with the outcome and lead to a decision that not only puts the insurer at risk of further liability but also prevent the insured party’s ability to obtain appropriate monthly benefits, adequate treatment and ultimately improvement.

http://www.hshlawyers.com/articles/signs-an-insurer-is-not-negotiating-a-long-term-disability-claim-in-good-faith/

2017 – A Year in Review at the LAT

As we round up 2017, there have been a total of 300 decisions released. The graph above reflects an empirically collected analysis of for/against outcomes of all decisions released by the LAT. 60% of the decisions were in favour of insurer, while 37% of the decisions were in favour of the applicant. The remaining 3% were those that did not render a decision; this includes decisions where there were no issues in dispute or settlements before hearing.

https://inhealth.ca/2017/12/15/2017-a-year-in-review-at-the-lat/