Personal injury lawyer launches challenge against Bill 15

by Donald Horne | 26 Jan 2015

 A lawyer has launched a constitutional challenge on behalf of automobile accident victims aimed directly at Bill 15.

Lawyer and advocate Joseph Campisi is launching a constitutional challenge in the Ontario Superior Courts, seeking a declaration that parts of the legislation that were recently passed by the Liberal Government are discriminatory and unconstitutional and should be inoperative.

“The right to access the Superior Courts is a fundamental right for Canadians.  I am concerned that the recent proclaimed legislation will deny this right to individuals who have been severely disabled,” said personal injury lawyer Joseph Campisi.  “Historically, the deck has been stacked against automobile victims. The recent amendments to the legislation have turned a bad situation into a worse one for these vulnerable individuals.”

In the fall, of 2014, the Ontario passed Bill 15, which took aim at fraud in the insurance industry with the aim of reducing insurance rates.

One of the legislative amendments changes how disputes between insurers and insured are settled, which has raised the ire of groups like FAIR and those in the health care industry, like the Ontario Rehab Alliance.

Historically, disputes could be brought before the Superior Courts or before arbitrators with expertise in interpreting insurance law.  Bill 15 has changed how disputes are resolved by giving the sole adjudicative power to individuals who will be appointed “at the whim of the Liberal Government,” said Campisi.

“No longer will these individuals be allowed to have the assurance of impartiality and independence that is a cornerstone of our justice system when litigating a claim against their own insurance company,” said Campisi. “I could not stand idly by and let this happen.”

These are the same decision makers who jurisdiction on matters ranging from film classification to upholstered and stuffed articles, Campisi went on to say, adding that unlike historical appointments individuals without any specialization or guaranteed independence or impartiality will be ruling on disputes that can run into the millions of dollars and will determine the quality of life that an automobile victim will face going forward.

“This application will challenge Bill 15 on the basis that it violates disabled person’s Charter s.15 (1) right to be free from discrimination,” he said. “Bill 15 is also being challenged based on s.96 of the Constitution which relates to the public’s right to have access to the courts.  The way in which Bill 15 is drafted opens the door to political interference.  The government of the day can choose who will hear any dispute and if the government does not agree with the arbitrator’s decisions, the government can get rid of the adjudicator the next day.  When it comes to lobbying the government there is little doubt as to who has the deeper pockets; automobile insurers or accident victims.  Introducing such laws is undemocratic and detracts from the rule of law.  This legal challenge will fight for disabled individuals’ right to fair treatment and the public’s right to access the impartial court system.”

Barb Taylor, the director of policy at the Insurance Bureau of Canada, had spoken out last Thursday on what she saw as “strong opponents” of those fighting for change in the insurance industry. Click here for the article, 15 per cent target for Ontario auto 'does not compute'

“We have strong opponents. These groups also have the ear of government and will seek media attention. Specifically, I am talking about trial lawyers, medical rehab providers and the NDP,” Taylor told those gathered for the 2015 Crystal Ball conference. “We are asking the (Ontario) government to require personal injury lawyers and paralegals who represent auto insurance claimants to submit to the Superintendent all information about their fees – including contingency fee arrangements, disbursements, court awarded and settled costs, and referral arrangements."

Source: http://www.insurancebusiness.ca/news/personal-injury-lawyer-launches-challenge-against-bill-15-187471.aspx?p=2