VOLUME 18 | Accident Benefit Reporter | Spring 2017

JUDGE CONDEMNS PRACTICE OF GHOSTWRITING EXPERT REPORTS

Accident Benefit Reporter | Volume 18, Issue 1 | May 2017

Stephen Birman, best personal injury lawyer Defence medical assessments are a fact of life for Plaintiffs in personal injury litigation. Most injured accident victims dislike the idea of attending these assessments with medical experts retained by the defendant’s insurance companies. As lawyers, we frequently hear from clients who call us in frustration with complaints that the medical expert had pre-determined his/her … Continued
VOLUME 18 | Accident Benefit Reporter | Spring 2017

WHY IT IS NOW CRUCIAL TO COMPLETE AND SUBMIT A DISABILITY CERTIFICATE (OCF-3) ASAP – AN IMPORTANT MESSAGE FOR HOSPITAL WORKERS

Accident Benefit Reporter | Volume 18, Issue 1 | May 2017

Darcy Merkur, best personal injury lawyer Toronto Why it is NOW crucial to complete and submit a Disability Certificate (OCF-3) ASAP – An important message for hospital providers. Traditionally, we have explained to hospital providers that while it was best for patients to submit their Accident Benefit documents (i.e. Application and Disability Certificate) to their accident benefit insurer ASAP, there was no serious … Continued
VOLUME 18 | Accident Benefit Reporter | Spring 2017

CAN AN INSURED BE COMPENSATED WHEN THE PSW PROVIDING THE CARE IS A FAMILY MEMBER?

Accident Benefit Reporter | Volume 18, Issue 1 | May 2017

Stacey Stevens, best personal injury lawyer Toronto On January 27, 2017, the License Appeal Tribunal released M.P. v Certas Home and Auto 2017 CanLII 9810 (ON LAT) denying payment of an attendant care benefit to an insured whose service provider was his wife and a certified PSW. This is an important decision as it addresses the Tribunal’s interpretation of the definition of incurred found in section … Continued
VOLUME 18 | Accident Benefit Reporter | Spring 2017

THE NON-EARNER BENEFIT TEST: A REFRESHER

Accident Benefit Reporter | Volume 18, Issue 1 | May 2017

Robert Ben, best personal injury lawyer Toronto Lawyers routinely rely on the expertise of healthcare and rehabilitation professionals to establish their injured clients’ eligibility for accident benefits. Car accident injury victims who cannot work may be entitled to an income replacement benefit (IRB). Those who do not qualify for an IRB (full-time students, recent graduates, stay-at-home parents, unemployed and retired persons) may qualify for payment of a “non-earner” … Continued
ABR UPDATER | ISSUE 36

THE ONGOING RETRO DEBATE

February 1, 2017

ABR Updater, Issue 36 by Darcy Merkur, personal injury lawyer - thumbnail The debate over whether ongoing Ontario personal injury automobile claims are impacted by recent legislative amendments received some clarity recently, at least when it comes to the issue of prejudgment interest. However, the dispute over the application of annually increasing statutory deductibles to ongoing personal injury automobile claims remains. Ontario motor vehicle accident victims involved … Continued
ABR UPDATER | ISSUE 35

The Trouble with Bad Faith Claims in the Context of Statutory Accident Benefits

December 2016

ABR Updater Issue 35 by personal injury lawyer Benjamin Brookwell Insurance companies have a duty to deal fairly with the claims of the people they insure. If you are in a car accident, however, you cannot sue your insurance company for bad faith in connection with their decision to deny your statutory accident benefits. In 702535 Ontario Inc. v. Non-Marine Underwriters, Lloyd’s of London, the … Continued
VOLUME 17 | Accident Benefit Reporter | Fall 2016

CASES HIGHLIGHT NEED TO BREAK DOWN STATUTORY ACCIDENT BENEFITS

Accident Benefit Reporter | Fall 2016

Accident Benefit Reporter Vol 17 Issue 2 - Fall 2016 Two recent decisions by the Ontario Divisional Court and the Court of Appeal for Ontario provide a sobering reminder of the necessity of providing clear and unequivocal breakdowns of the amounts received for Statutory Accident Benefits (SABS), including any lump sum settlements. A similar clear set of jury questions which separates each head of damage … Continued
ABR UPDATER | ISSUE 34

Chronic Pain Cases – Beware of the Civil Jury: A review of Mandel v. Fakhim

November 2016

ABR Updater Issue 34 - November 2016 by personal injury lawyer John-Paul Zeni Think hard before taking a chronic pain case to a jury trial in the current legal environment. Juries continue to be suspicious of chronic pain related injuries and are making it extremely challenging for chronic pain suffering victims. The recent case of Mandel v Fakhim is another prime example of this trend, to the point … Continued
ABR UPDATER | ISSUE 33

Thomson, Rogers’ Showcase of Courage

This year Thomson, Rogers proudly celebrates its 80th anniversary. In fondly looking back over the years, we often recall the many clients and friends who’ve touched our hearts and inspired us with their courage and perseverance. To honour our clients and recognize their achievements in reclaiming their lives, following traumatic injuries, we’re helping them give … Continued
ABR UPDATER | ISSUE 1

AVOIDING CASE DISMISSAL IN MEDICAL MALPRACTICE LAWSUITS

Medical Malpractice Review | Issue 1 | September 2016

Medical Malpractice Review Issue 1: Avoiding case dismissal in medical malpractice lawsuits thumbnail A search of Ontario medical malpractice cases decided in the last 6 months shows that Plaintiffs risk having their cases dismissed if they do not have an experienced malpractice lawyer. Plaintiffs’ claims are often dismissed because they have not commenced their action within 2 years. Of approximately 14 medical negligence rulings in the last 6 … Continued
ABR UPDATER | ISSUE 32

YOUR UBER RIDE IS NOW COVERED BY INSURANCE BUT FURTHER COVERAGE IS RECOMMENDED

ABR Updater Issue 32 | August 2016 Thumbnail About a year ago, I was speaking with a friend who had started driving for UberX. I asked my friend whether his automobile insurer was aware of his ridesharing activity. I pointed out to him that the standard automobile insurance policy in Ontario excludes taxis and drivers with paid passengers. Following our conversation, my friend … Continued
VOLUME 17 | Accident Benefit Reporter | Spring 2016

APRIL FOOLS – “CHANGES TO ONTARIO AUTO INSURANCE GIVE YOU MORE CHOICE”

David Tenszen, best personal injury lawyer Toronto Just in time for April Fools’ Day, a letter arrived at my home from my automobile insurer.  My insurer was “writing to inform you of upcoming changes to your automobile insurance”.  Enclosed with the letter was an “introduction to these changes, provided by the Financial Services Commission of Ontario.”  The letter advised “your coverages remain … Continued
ABR UPDATER | ISSUE 30

RECENT DECISION ON IMPACT OF SABS SETTLEMENT BEFORE TORT TRIAL

Carr Hatch, best personal injury lawyer Toronto The recent Divisional Court decision in Mikolic v. Tanguay, 2015 ONSC 71(CanLII) sheds light on the credit a tort defendant receives when the statutory accident benefits case (SABS) settles before the tort trial. At issue was what, if anything, from the SABS settlement was deductible from a jury award at trial of: $20,000 for past … Continued
ABR UPDATER | ISSUE 29

STATUTORY DEDUCTIBLE CONFUSION

Darcy Merkur, best personal injury lawyer Toronto Statutory Deductible – The risk analysis associated with the resolution of ongoing motor vehicle tort claims in Ontario has been turned on its head following the surprising December 8th decision by Justice Martin James of the Ontario Superior Court of Justice in Vickers v. Palacious, 2015 ONSC 7647 (Ont. S.C.). Since October 1, 2003, Ontario … Continued
ABR UPDATER | ISSUE 28

A CASE WORTH FIGHTING FOR

Joseph Pileggi, Client Sevices Director Thomson, Rogers has always taken great pride in our endeavours to protect the rights of our clients. Recently, Leonard Kunka represented Mr. Waldock, a university professor, in his claim against State Farm Insurance. The main issue at the hearing was whether or not Leonard’s client was catastrophically impaired pursuant to the Statutory Accident Benefit Legislation. … Continued
VOLUME 16 | Accident Benefit Reporter | Fall 2015

HOW TO BE AN ‘EXPERT’, EXPERT

Wendy Moore Mandel and Deanna Gilbert, personal injury lawyers Toronto The determination of the legal disputes that arise out of complex personal injuries has become more and more dependent upon the observations and opinions of health care practitioners. Therefore, the ability of healthcare practitioners to communicate their observations and opinions in the legal arena is vitally important to all patients who are unfortunately involved in … Continued
ABR UPDATER | ISSUE 27

DISASTER STRIKES FOR SOON TO BE SERIOUSLY INJURED MOTORISTS IN ONTARIO

Darcy Merkur, best personal injury lawyer Toronto On August 27th, the Ontario Government unleashed chiseled down accident benefit entitlement purportedly as a means to reduce automobile insurance premiums. While the changes and reductions will surely serve to fatten up an already fat insurance industry, the changes will cause newly injured accident victims, and their families, even further financial and emotional distress, as … Continued
ABR UPDATER | ISSUE 26

CROSSING THE THRESHOLD: WHEN DOES THE LIMITATION PERIOD CLOCK START TO TICK?

Stephen Birman and Esther Roche, personal injury lawyers toronto Generally, civil litigants have 2 years from the date that their claim is “discovered” to commence a civil proceeding. Typically, the discovery date will coincide with the date the act or omission, on which the claim is based, occurred. The Ontario Limitations Act states that a claim is presumed to have been discovered on the day the act or omission, on … Continued