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

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OPSEU denounces prosecutions download

Toronto – The Ontario Public Service Employees Union (OPSEU) is expressing grave concern over the Ontario government’s new ability to download the most serious non-criminal provincial offences, known as Part III offences, to the municipalities.

https://opseu.org/news/opseu-denounces-prosecutions-download

Look both ways: Ontario seeks to allow testing of driverless cars

Ontario drivers could soon find themselves motoring along the highway next to a car with no one in the driver’s seat.

The province’s Liberal government is proposing to change the rules of its 10-year automated vehicle pilot project to allow for driverless testing. Currently, the testing of fully autonomous vehicles is only allowed with a driver behind the wheel, but the government is seeking public comment on a proposal to scrap that requirement.

https://www.theglobeandmail.com/news/national/ontario-seeks-rule-change-to-allow-testing-of-driverless-cars/article37539871/?utm_medium=Referrer:+Social+Network+/+Media&utm_campaign=Shared+Web+Article+Links

Canadians not embracing telematics because of confusion over value and data

While telematics devices has been widely adopted in some countries, Canadian motorists are not warming to the technology. Despite the face telematics and usage based insurance can reduce premiums, many customers are concerned about privacy and security, the CEO of Kanetix said this week.

https://www.shopinsurancecanada.ca/blog/news/canadians-not-embracing-telematics-because-of-confusion-over-value-and-data/

Psychedelics and PTSD Treatment

Post Traumatic Stress Disorder (PTSD) is an increasingly recognized mental health condition that occurs following a terrifying event or trauma. Once we associated it only with the most extreme traumas that soldiers would suffer in battle, but we have no accepted that many forms of trauma like car accidents, childhood abuse, or other accidents can leave someone with PTSD.

https://www.deutschmannlaw.com/blog/post/psychedelics-and-ptsd-treatment

What is Massage Cupping?

Massage cupping is essentially the inverse of the typical massage therapy. Instead of exerting pressure on the different points of the body for healing, massage cupping uses suction to tug the skin, tissues and muscles upwards. In contemporary times, massage cupping is seen as an effective, non-invasive, inexpensive and safe form of treatment that can be used by itself or in combination with other forms of therapeutic approaches.

http://pickinguppieces.net/what-is-massage-cupping/

Insurance Companies, motor vehicle accidents and therapy

I am writing this out of complete and utter frustration and disbelief that there are insurance companies out there informing their clients incorrect information and lies. After reading an excellent article in the Globe and Mail written by Kathy Tomlinson which exposes how doctors profit from injury assessments that benefit insurers, I have come across more corruption.

https://www.linkedin.com/pulse/insurance-companies-motor-vehicle-accidents-therapy-elliott-goldman/?published=t

Personal injury cases and social media

Toronto personal injury lawyer Paul Cahill cautions clients about the use of social media when they are involved in litigation because any information they post can impact the outcome of their case.

http://www.advocatedaily.com/paul-cahill-personal-injury-cases-and-social-media.html

Canada: Denying Disability Benefits: Good Faith And The Limitation Period

On December 21, 2017, the Supreme Court of Canada denied leave to appeal the Ontario Court of Appeal case of Usanovic v. La Capitale Financial Security Insurance Company, 2017 ONCA 395. The Ontario Court of Appeal had rejected the plaintiff’s attempt to broaden of the duty of good faith on insurers, and clarified the test of when an insurer can rely on a limitation period defence in a claim for disability benefits. Disability insurers across Canada will breathe easier in 2018, given the Supreme Court’s denial of leave to appeal. It is difficult to understate the impact of a reversal of the Court of Appeal decision, as a significant number of denials would likely have been reopened and litigated.

http://www.mondaq.com/canada/x/662366/Insurance/Denying+Disability+Benefits+Good+Faith+and+the+Limitation+Period

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

UPDATE: 

On February 20, 2018 we received a non-answer from LSO Letter from LSUC 20180302_07342796

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.

FAIR complaint to LSUC Jan 17 2018

Read the decision  S.P. and RBC General A16-000329

Michelle Mandel’s Sun article http://torontosun.com/news/local-news/mandel-shameful-attempts-by-auto-insurer-to-fight-paying-a-teen-with-catastrophic-injury

Auto insurer defence lawyer says injured woman “too pretty to be sick”

Read the full decision S.P. and RBC General A16-000329

Ms. Aliza Karoly for S.P.

Mr. Harry Brown for RBC General Insurance Company

At an earlier time in the Applicant’s claim, the Insurer’s lawyer stated the “Applicant looked too pretty to be sick.”…

The Insurer questioned the Applicant as to some photographs that she was in.  As part of the Insurer’s evidence, it produced pictures of a Toronto Sun Sunshine girl posing in a costume.  The Insurer asked the Applicant how she was able to pose for pictures as part of a Sunshine Girl photoshoot while she claimed to be suffering from the medical issues.  The Applicant replied much to the surprise of Insurer’s counsel that it was not her in these pictures, it was another girl.  At the same time that this revelation took place, it was noted that Insurer’s counsel, Mr. Brown, swore an affidavit affirming this Sunshine girl to be the Applicant when it was proven to be someone else.  This photo and others that were not of the Applicant were sent to many witnesses as evidence, when in fact it was not the Applicant in the pictures.[4]….

Further, the conduct and borderline harassment demonstrated by the Insurer as it related to some witnesses that the Insurer called is rarely ever seen.  The Insurer had its investigator attempt to serve witnesses in a hostile and confrontational manner, including threatening to have witnesses arrested if they did not comply with their summons.  In addition, the Insurer used photocopied pre-signed summonses to serve individuals, which did not afford an Arbitrator or FSCO the opportunity to oversee who was being summonsed and why.  It left the Insurer with unchecked power in which it overstepped its bounds on numerous occasions.  Insurer’s counsel misled the court when requesting a bench warrant and stated before the court that a witness failed to attend this Hearing when in fact Mr. Brown knew that this was false.