Toronto Personal Injury Law Blog

Priority Disputes, Loss Transfer > Private Arbitrations Between Insurers to be Publicly Recorded by FSCO

As part of the ongoing changes to the auto insurance regime in Ontario, starting in September, 2010, FSCO (Financial Services Commission of Ontario) is requiring that insurers send their private arbitration decisions to FSCO, who will then post them to a publicly available database of FSCO decisions.

The FSCO bulletin in October, 2010 setting out the procedure is found here.

This is an important change to a remaining significant aspect of auto insurance law, which is long overdue.

Before the September, 2010 changes, absent a central database to record decisions regarding these inter-company disputes, no doubt there were numerous issues litigated and re-litigated, among different insurers, on the basis that there was no precedent to provide guidance to the disputing parties. … Continue Reading

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Car Accident > Left Turning Car Hit by Car Running Through Red Light > Who is at Fault?

Our thanks to Mr. Eric Lai and the Toronto Star Wheels section for allowing us to provide a response in their article dated April 4, 2011, found here.

Readers may be interested in our similar blogs to this topic, including our March 30, 2009 blog and our FAQ page.

Gregory Chang
Toronto Insurance Lawyer… Continue Reading

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Catastrophic Impairment Designation Set to Undergo Changes

In November, 2010, FSCO (Financial Services Commission of Ontario) announced that it was Forming the “catastrophic impairment expert panel” to study and make recommendations on definition of catastrophic impairment.

The 8 person catastrophic impairment expert panel will post their preliminary report on the issue on April 11, 2011.

The panel will then hold an informational session on April 28, 2011, as well as receiving feedback in writing.

Written feedback is accepted until May 13, 2011.
Gregory Chang
Toronto Insurance Lawyer… Continue Reading

Today’s Law School – Provides a Furry Friend as Well as a Degree

We would have loved a rent-a-dog in law school.  Cute idea, Yale.… Continue Reading

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Chinese News Newspaper – Car, Home and Life Insurance

Our thanks to the Chinese News Group and Eric Emin Wood for allowing us to participate in their recent article (found online here) concerning a primer for their reader on some differences between car, home and life insurance.

A PDF version of the article is found here.

Gregory Chang
Toronto Insurance Lawyer… Continue Reading

Double Recovery for One Accident? How About a Double Deduction against your Damages? A Plaintiff’s Perspective.

After a car accident in Ontario, you are usually entitled to receive some Accident Benefits, regardless of who caused the accident.

One of the decisions that many injured people will make, when applying to Accident Benefits, is whether to receive income replacement benefits (“IRB”) or caregiver benefits.

What happens if you choose caregiver benefits, when you could have equally qualified for IRB, and then you go on to commence a tort lawsuit arising from the same accident?

If you claim past or future income loss in the tort lawsuit (or even loss of earning capacity), will you be penalized for failing to have chosen IRB benefits instead of caregiver benefits?… Continue Reading