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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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PI lawyers critical of Ontario’s new car insurance plan

Ontario’s new “Fair Auto Insurance Plan” will leave accident victims without an advocate and at the mercy of insurance companies, say personal injury lawyers.

The government is aiming to deliver lower insurance premiums by allowing insurance companies to “bully” accident victims, says Darcy Merkur, a partner at Thomson Rogers in Toronto.

http://www.canadianlawyermag.com/legalfeeds/author/aidan-macnab/pi-lawyers-critical-of-ontarios-new-car-insurance-plan-15054/

Industry response to auto reform: Spotlight on fraud centre

Ontario’s move to establish a new Serious Fraud Office (SFO), which would help crack down on auto insurance fraud, is widely — if cautiously — praised as a step in the right direction by the province’s property and casualty industry.

https://www.canadianunderwriter.ca/legislation-regulation/industry-response-auto-reform-spotlight-fraud-centre-1004124800/

Flaws have emerged in new LAT

It has been just more than a year and a half since responsibility for adjudicating accident benefits disputes was transferred to the Licence Appeal Tribunal, which decides on claims and licensing regulations involving a number of provincial ministries.

http://www.lawtimesnews.com/author/shannon-kari/flaws-have-emerged-in-new-lat-15004/

Delay risks bringing civil justice system into disrepute

Public confidence in the civil justice system is being put at risk by the reaction to a landmark Supreme Court decision on criminal trial delays, says Barrie-area personal injury lawyer Steve Rastin.

Last summer, in R v. Jordan, the nation’s top court set hard deadlines for criminal matters to get to trial without risking dismissal for delay.

http://www.advocatedaily.com/steve-rastin-delay-risks-bringing-civil-justice-system-into-disrepute.html

Chronic Pain Assessment Reasonable and Necessary – Applicant v Aviva LAT 16-001934

This is a reconsideration of a decision made on March 15, 2017.  In that decision, I decided five issues in dispute. The wrong legal test was applied in considering one of the issues. I return to that issue in this decision to apply the correct legal test.

https://www.deutschmannlaw.com/blog/post/chronic-pain-assessment-reasonable-and-necessary-applicant-v-aviva-lat-16-001934

The Unprivileged Litigant: Who Is Protecting Their Interests?

Let’s talk about privilege – specifically, about the lack of privilege faced by tens of thousands across the province of Ontario who require affordable access to justice, but who are left alone to navigate the impenetrable maze that has become our present-day court system.

https://www.linkedin.com/pulse/unprivileged-litigant-who-protecting-interests-james-cooper/?platform=hootsuite

Defense Doctor Opinion Rejected After Finding He Acted As “Advocate”

In the December 6, 2017 case (Nagra v. Stapleton) the Plaintiff was involved in a 2014 collision that the Defendant admitted responsibility for.  Despite voicing some concerns about the Plaintiff’s credibility the Court accepted his medical evidence that he suffered injuries to his neck and low back as a result of the crash.

http://www.ilstv.com/defense-doctor-opinion-rejected-finding-acted-advocate/

Links to questions/comments at Queen’s Park this week in respect to the announcement by Minister Sousa and the Marshall report on Tuesday

Vic Fedeli – http://ontla.on.ca/web/house-proceedings/house_detail.do?locale=en&Date=2017-12-05&detailPage=%2Fhouse-proceedings%2Ftranscripts%2Ffiles_html%2F05-DEC-2017_L131.htm&Parl=41&Sess=2#P420_65379

Wayne Gates – http://ontla.on.ca/web/house-proceedings/house_detail.do?locale=en&Date=2017-12-05&detailPage=%2Fhouse-proceedings%2Ftranscripts%2Ffiles_html%2F05-DEC-2017_L131.htm&Parl=41&Sess=2#P447_70276

Soo Wong and Vic Dhillon – http://ontla.on.ca/web/house-proceedings/house_detail.do?locale=en&Date=2017-12-05&detailPage=%2Fhouse-proceedings%2Ftranscripts%2Ffiles_html%2F05-DEC-2017_L131.htm&Parl=41&Sess=2#P589_103231

Ontario to set up ‘independent’ assessment centres for auto injury victims

 
The Ontario government is moving to set up “independent” assessment centres where medical professionals will examine accident victims with significant injuries in order to advise insurance companies on what treatment and support they need. It also said it will no longer allow doctors’ reports to be ghostwritten. This comes after a Globe and Mail investigation revealed some injury-assessment firms and doctors were creating medical reports, paid for by insurance companies, that were found to be inaccurate, unfairly biased against accident victims or even written by staff at the assessment firms.

FAIR’s Rhona DesRoches on Fight Back with Libby Znaimer to talk about the new Fair Ontario Auto Insurance plan

http://www.zoomerradio.ca/?powerpress_pinw=290205-podcast