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Active/Passive Income not an IRB Consideration

In the recent LAT decision of A.S. and Economical Insurance (16-003197/AABS), Adjudicator Robert Watt held that an insurer is entitled to deduct post-accident income from a claimant’s business in determining an Income Replacement Benefit amount under the Statutory Accident Benefits Schedule (“SABs”).

http://www.millerthomson.com/en/blog/mt-insurance-law-blog/active-passive-income-not-irb-consideration/

Civil juries, the high-tech world and the presumption of impartiality | Patrick Brown

The right to a jury is a substantial right but not an absolute one. Many jurisdictions have abolished the civil jury trials altogether. Part of the difficulty is that it is far too costly to ensure jurors are impartial and not accessing information outside the courtroom.

https://www.thelawyersdaily.ca/articles/5654/civil-juries-the-high-tech-world-and-the-presumption-of-impartiality-patrick-brown?category=columnists

CRPS After a Collision

Complex Regional Pain Syndrome (CRPS) is a condition of chronic pain that is most often found in the limbs (arm or leg). This condition does not develop on its own, but rather after a serious injury such as an auto collision, surgery, or sometimes a stroke or heart attack. CRPS can be identified as separate from pain directly related to the injury or surgery alone because the pain is disproportional (and much more severe and persistent).

http://pickinguppieces.net/crps-after-a-collision/

Plaintiffs should own their legal expenses insurance policies

“Clients are the ones paying for the policy, and who will have the benefit of it if they lose their case, so they are the ones who should be listed on the certificate,” Robson says. “It’s really an issue of the protection of the public.”
When policies are issued to law firms on behalf of clients, it means clients are unable to make claims on policies themselves, and they could be denied coverage altogether if they decide to switch lawyers during the litigation process, he adds.

BridgePoint Seeks Meaningful Change in Broken Auto Insurance System

To that end, we are pleased to announce that the BridgePoint Financial Group has retained the services of Ralph Palumbo of The Hillcrest Consulting Group, who, in association with Kelly Mitchell, provide extensive years of government relations experience in area of auto insurance policy and legislation. Ralph and Kelly provide strategic advice that support BridgePoint’s objectives and have assisted us in connecting with key government decision-makers and opposition members.
 

Psychological impairments place applicant outside MIG

 
Applicant v Motor Vehicle Accident Claims Fund (MVACF) LAT 17–000665, 2017 CanLII 76920 (ON LAT)
Decision Date: October 18, 2017
 
MINOR INJURY and ENTITLEMENT TO BENEFITS: Applicant falls outside of MIG due to psychological impairments; treatment plans were reviewed to determine which are reasonable and necessary:
 

Cars collect reams of information on owners

Though drivers may not realize it, tens of millions of American cars are being monitored…

CPSO MD Dialogue magazine volume 13, issue 4

https://view.joomag.com/dialogue-volume-13-issue-4-2017/0381863001514999117?short

Civil Juries Under Ontario Rule 76 Simplified Procedure

Canadian Defence Lawyers (CDL) is pleased to be granted the opportunity to make submissions on the Ontario Rule 76 Simplified Procedure request for consultations on jury trials.
 

Ontario auto insurance rates increased in last quarter of 2017

Auto insurance rates in Ontario increased in the last quarter of 2017, putting the Liberal government further away from its promise to cut rates by 15 per cent.
Fourth quarter numbers released today by the Financial Services Commission of Ontario show an average increase of about one per cent.