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Posts Tagged: motor vehicle accident

Changes to the Car Accident Treatment System > May Reduce Consumer Care Options

The Issue

Premised on the need to fight fraud, Ontario Regulation 194/11 is being introduced effective July 1, 2011.
The Effect

Car insurers can ask for backgfound information and identity confirmation for all service providers who seek to provide treatment to people involved in car accidents.

Car insurers can also request copies (or inspect originals) of all supporting documentation relating to treatment plans which are submitted on behalf of people hurt in car accidents.

Payment for treatment is not required until all of this information is provided.… Continue Reading

Expert Reports Can be Claimed Against Accident Benefits Carrier, Even if Used in Tort

The Background:  When injured in an Ontario car accident, plaintiffs suing in tort (i..e against the other driver) also have an ongoing claim with their Accident Benefits carrier, which very often turns into a dispute claim.

The Issue:  Can the cost of an expert report be claimed against the Accident Benefits carrier, even when the report is partially used in the tort lawsuit?

Why This Matters:  Plaintiffs incur significant expenses (disbursements) when prosecuting their tort lawsuit and/or accident benefits disputes.  It is important to seek re-imbursement whenever possible. … Continue Reading

Unusual Allegations of Plagiarism by a Trial Judge

The BC Court of Appeal has released the Cojocaru (Guardian Ad Litem) v. British Columbia Women’s Hospital and Health Center, 2011 BCCA 192  decision, in which it overturns the Trial decision, citing that the Trial Judge did not demonstrate, through the Trial judgment, that the Reasons given were an independent analysis of the Trial evidence.

A sensational news story already, it will have some legs since this was a 2 to 1 decision in the Court of Appeal and the plaintiff’s lawyer has stated publicly that an appeal is likely. … Continue Reading

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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