Focus On



Tuesday, April 23, 2019 @ 2:40 PM

Reasons behind discriminatory impairment designation for injured children charts and money

Further to s. 3.1(5)i of the Statutory Accident Benefits Schedule 34/10 (SABS 34/10), a child who has a positive finding from medically recognized brain diagnostic technology of intracranial pathology as a result of an accident, but is admitted as an in-patient to a level 1 Trauma Centre like the Hamilton General Hospital (HGH), would not get an automatic catastrophic impairment (CAT) designation, because it is not on the Superintendent’s Guideline No. 01/16 list of public hospitals. ... [read more]

Wednesday, April 17, 2019 @ 11:14 AM

Wrong side of the bridge: Discriminatory impairment designations for kids moneychartmeds.jpg

The purpose of the June 2016, Catastrophic Impairment — Public Hospitals Guideline, Superintendent’s Guideline No. 01/16 is to provide a list of the public hospitals for which in-patient admittance is one criterion for determining whether an insured child under the age of 18 at the time of the motor vehicle accident (MVA) has a traumatic brain injury. ... [read more]

Thursday, April 11, 2019 @ 2:45 PM

Discriminatory ramifications, inconsistent impairment designations for injured kids moneymedicalchart.jpg

The Ontario legislature filed Bill 251/15 under Insurance Act, R.S.O. 1990, c. I.8 on Aug. 26, 2015, which amended the Ontario Regulation 34/10: Statutory Accidents Benefits Schedule (SABS) — Effective Sept. 1, 2010, (SABS 34/10). It ushered in significant changes that came into force on June 1, 2016, such as the removal of the controversial and problematic Glasgow Coma Scale (GCS) test as a means to obtain an automatic catastrophic impairment designation with a GCS score of nine or less. ... [read more]

Tuesday, April 09, 2019 @ 12:54 PM

AXIS Insurance names new head of Canada claims

AXIS Insurance has appointed Margaret Mede as head of Canada claims, effective immediately. ... [read more]

Monday, April 08, 2019 @ 2:06 PM

Access to Justice: View from the trenches | Michael Lesage

As Ontario’s lawyers set to elect a new slate of benchers to Convocation, the oft-discussed, seldom addressed issue of access to justice has again entered into the conversation. Most agree that access to justice is a worthy (if aspirational and ill-defined) goal, that must be advanced and encouraged. However, the facts on the ground tell a different story, that of people being unable (or unwilling) to hire lawyers or to effectively assert their rights on their own. Conversely, lawyers continue their exodus from private practice, especially within the small firm setting (this despite the fact that more and more lawyers are being called to the bar). Clearly, something is amiss. ... [read more]

Monday, April 08, 2019 @ 9:54 AM

B.C. Attorney General’s Office says auto insurance changes ‘constitutionally sound’ despite lawsuit

A group representing trial lawyers in British Columbia has opened a new salvo against the provincial government’s controversial changes to the publicly owned Insurance Corporation of British Columbia (ICBC), arguing a number of provisions brought into force last year are unconstitutional. In May 2018, the B.C. legislature adopted reforms to deal with a significant financial shortfall at ICBC, including a cap of $5,500 on minor injury claims, an increase in accident benefits and sending some matters to the province’s Civil Resolution Tribunal (CRT). ... [read more]

Friday, April 05, 2019 @ 1:28 PM

How regulators must keep pace with autonomous vehicles caronroadatnight.jpg

The United States, Britain, Singapore and New Zealand are among the leading countries that have embraced autonomous vehicles and created legislation to oversee their development and deployment. The legislation in these countries provides fewer barriers for the integration of driverless vehicles on public roads and encourages innovation in the automotive industry. ... [read more]

Thursday, April 04, 2019 @ 2:08 PM

B.C. civil rule amendment could cut costs, timelines considerably businessmansshakingguy.jpg

A very significant amendment to the British Columbia Supreme Court Civil Rules was enacted without warning on Feb. 11, 2019, in relation to expert reports in motor vehicle claims and personal injury actions. The amendment applies to all personal injury actions as of Feb. 1, 2010. ... [read more]

Wednesday, April 03, 2019 @ 11:58 AM

Joint and several liability under attack Injuryinsurance

In my previous column, I advised that the Ontario government is reviewing auto insurance to “make it more affordable.” Since then, the government has also introduced a review of the principle of joint and several liability, at least in terms of how it affects municipalities. None of this can be good news for victims injured as a result of others’ negligence. ... [read more]

Monday, April 01, 2019 @ 1:00 PM

PROPERTY INSURANCE - Contractor's or builder's policies

Appeal by the insurer from a ruling on a question of law finding that an insurance policy covered damage to pre-existing property at a construction site. ... [read more]