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ABR Updater | Issue 32 | August 2016
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 Law Times | by Michael McKiernan, Darcy Merkur quoted | June 13, 2016
Darcy Merkur wants to inject a new word into the public lexicon when it comes to personal injury law boutiques: “classy.” His firm, Thomson Rogers, teamed up with fellow industry heavyweights Oatley Vigmond Personal Injury Lawyers LLP and McLeish Orlando LLP to form the Personal Injury Alliance four years ago, introducing themselves with a series … Continued Law Times | by Alex Robinson, Deanna Gilbert quoted | June 27, 2016
Some participants in a new Law Society of Upper Canada report say public confidence in the legal profession is being hurt by advertising for personal injury law — a finding those in the field say is abundantly obvious. The Advertising and Fee Arrangements Issues Working Group Report unveiled at June Convocation says: “in personal injury … Continued 
For a long time, “chronic pain” has been seen as an unfavourable term in personal injury litigation. Although there have been some positive strides in recent years, there still remains a perception for many that the disability is not real. But for many people, chronic pain syndrome is a very genuine, very disabling condition; and it is one … Continued The Lawyers Weekly - Recovery Personal Injury Magazine | by Grant Cameron, Wendy Moore Mandel quoted | June 2016
When someone is accused of a criminal offence, whether due to a car accident or more heinous wrongdoing, they’re often so consumed with planning for their day in court that they don’t consider the effect of the charges on civil proceedings. Many assume that a Highway Traffic Act or Criminal Code conviction is separate from a future civil law claim. However, according to … Continued The Lawyers Weekly | April 29, 2016
Every year a number of newborns, small but significant in absolute terms, suffer avoidable brain injury during labour and delivery caused by poor obstetrical care. The losses are serious, with many suffering profound disability from cerebral palsy. Many have winnable cases, yet few are pursued. More is needed to overcome the medical and legal obstacles … Continued Accident Benefit Reporter | Volume 17, Issue 1 | May 2016
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 PIA Law's Practical Strategies Conference - Paediatric Traumatic Brain injury: Protecting Our Kids | April 21, 2016
The new definition of “catastrophic impairment”, which comes into force on June 1, 2016, contains a specific definition for children with brain injuries that is different from the adult definition. This is a major change. This new definition is set out in section 3.1(5) of the Statutory Accident Benefits Schedule – Effective September 1, 2010. … Continued Accident Benefits Summary Charts (for accident on or after June 1, 2016)
To help those in Ontario understand the major automobile insurance changes and the new reduced accident benefits limits, Thomson, Rogers has prepared two useful accident benefits summary charts. The first chart: Statutory Accident Benefits Schedule Summary (for accidents on or after June 1, 2016) highlights the accident benefits available for each of the three categories of … Continued The Oatley McLeish Guide to Motor Vehicle Litigation | April 1, 2016
Effective June 1, 2016, the definition of catastrophic impairment (“CAT”) will change, pursuant to section 3.1(1) of Ontario Regulation 251/15 made under the Insurance Act. This paper will focus upon the first two subsections of the new CAT definition: (some forms of) paraplegia or tetraplegia [s. 3.1(1)(1)]; and (some forms of) severe impairment of ambulatory … Continued 
With the recent high-profile acquittal of Jian Ghomeshi in respect of various sexual assault and related criminal charges, there has been significant media attention over the challenges faced by sexual assault survivors in advancing claims in the courts. There is no question that sexual assault claims, in the absence of physical evidence, are difficult to … Continued ABR Updater | Issue 30 | March 2016
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 Canadian Biker | by Craig Brown | March 2016
Since I began riding in 1968, I have believed in the old adage “a motorcycle is the safest vehicle on the road – up to the point of impact”. Although I have been fortunate in avoiding a serious accident I have, like most riders, come off the bike on numerous occasions. Those incidents are a … Continued Toronto Sun | by Darcy Merkur | March 5, 2016
Ontario drivers are legally required to purchase automobile insurance that includes overpriced, no-fault accident benefits coverage. If you look at your automobile insurance invoice, you will see that some 25% (or roughly $350) of your annual automobile insurance premiums are specified to be in relation to your mandatory purchase of these no-fault accident benefits. With … Continued The Lawyers Weekly | February 5, 2016
A recent decision by arbitrator Knox Henry of the Financial Services Commission of Ontario (FSCO) in Thomas Waldock and State Farm Mutual Automobile Insurance Company has sent a wake-up call to all insurance companies about their primary duty of utmost good faith to their insureds when dealing with first party claims. In this case, a … Continued 
On August 27, 2015 the Ontario Legislature released the regulation with the changed definition for Catastrophic impairment determination which will affect those in accidents on or after June 1, 2016 or when their policy renews thereafter, whichever is later. The goals of this paper are first to provide a brief overview of the changes to … Continued The Lawyers Weekly | February 5, 2016
Recent amendment to SABS being used as “old rules-new rules’ bargaining chip. Yet again the insurance industry has been thwarted in its attempt to retrospectively apply insurer friendly legislative changes to ongoing claims. The issue of the retrospective application of legislative changes was again before the court in the context of automobile insurance rights in … Continued ABR Updater | January 2016
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 has had in … Continued December 7, 2015
On October 13, 2015, Canada’s 21 year old female tennis star Eugenie Bouchard initiated a civil lawsuit against the United States Tennis Association and National Tennis Center(“USTA”) arising from a slip and fall accident that occurred during the United States Open Tennis Championships (US Open) on September 4, 2015. The lawsuit arises from an incident … Continued Acquired Brain Injury Provincial Conference | November 13, 2015
Paper and accompanying presentation provide healthcare professionals with a deeper understanding of how their observations and opinions as experts may be used to advance a personal injury case.