Lawyers say expert bias still significant problem

Law Times | by Alex Robinson, quoting Wendy Moore Mandel | December 4, 2017

Law Times logo 150x46 In the December 4, 2017, issue of Law Times, Lawyers say expert bias still significant problem, Thomson, Rogers’ Wendy Moore Mandel weighs in on the issue of professionally paid experts in insurance dispute cases. Wendy says: A cap of $2,000 plus HST for assessments in Statutory Accident Benefits cases has put pressure on experts to … Continued

Guest Column: Paying what’s fair

Toronto Sun | by Darcy Merkur | December 16, 2017

Toronto Sun thumbnail A controversial arbitration decision has encouraged various automobile insurers throughout Ontario to deny necessary care and supervision services to the most seriously injured motorists. And the Financial Services Commission of Ontario (FSCO), mandated to “protect the public interest and enhance public confidence in the sectors it regulates”, such as the automobile insurance industry, is doing … Continued

New ODSP changes may give more flexibility

Law Times | by Dale Smith, quoting Deanna Gilbert | November 27, 2017

Law Times logo 150x46 Ontario has recently made changes that will lift the cap on damage awards before they will affect the eligibility for Ontario Disability Support Program claims. Lawyers say this can help give more flexibility when negotiating damages that could include structured settlements and allow their clients to keep their benefits. Deanna Gilbert, partner with Thomson Rogers … Continued

Expect more Charter challenges in benefit disputes

Law Times | by Michael McKiernan, quoting Stephen Birman | November 13, 2017

Law Times logo 150x46 The provincial attorney general’s failure to defend the constitutionality of its Minor Injury Guideline has helped open the floodgates to Charter challenges in accident benefit disputes, says a Toronto insurance lawyer. Under the Statutory Accident Benefits Schedule, the MIG limits medical and rehabilitation expenses to $3,500 for minor injuries, defined as one or more of … Continued

PI lawyers critical of Ontario’s new car insurance plan

Canadian Lawyer | by Aidan Macnab, quoting Darcy Merkur | December 6, 2017

Canadian Lawyer logo 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. “It’s a smart thing … Continued