Court Finds It is an Abuse of Process For ICBC to File Inconsistent Pleadings From Single Collision

In today’s case (Glover v. Leakey) the Defendant was involved in a crash and injured two passengers. One sued and fault was admitted and ultimately settlement reached. The second sued but fault was denied. In the midst of a jury trial the Plaintiff discovered the inconsistent pleadings and asked for a finding of liability.

Source/more:

http://bc-injury-law.com/blog/court-finds-abuse-process-icbc-file-inconsistent-pleadings-single-collision?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+IcbcLaw+%28ICBC+Law%29

Report finds ‘significant’ gaps in Ontario healthcare

Like nearly two thirds of Ontarians, the 27-year-old doesn’t have public health insurance for prescription medication and so is paying out-of-pocket. As a mental health advocate, she says it is not uncommon for those with complex health issues to be spending hundreds of dollars a month on their prescriptions, or for them to go off meds they can’t afford.

Source/more: https://www.thestar.com/news/gta/2016/10/13/report-finds-significant-gaps-in-ontario-healthcare.html

Auto insurance changes

Auto insurance changes with @IBAOntario and Jokelee Vanderkop http://www.zoomerradio.ca/show/fight-back-on-zoomer-radio/michael-brattman-jokelee-vandekop-june-1/ …

Insurance coverage for medical marijuana on the horizon: experts

TORONTO (NEWS 1130) – Canadians who have been prescribed medical marijuana could one day see their insurance company footing the bill, experts predict, following the introduction of new Health Canada rules that allow for the sale of cannabis oils....

More:

http://www.news1130.com/2015/07/26/insurance-coverage-for-medical-marijuana-on-the-horizon-experts/

FSCO: Chronic Pain Removes Applicant from Minor Injury Guideline

On July 7, 2015, the Financial Services Commission of Ontario (FSCO) released its decision in Arruda v Western Assurance (FSCO A13-003926, July 7, 2015), providing additional analysis of the MIG. In this decision, Arbitrator Shapiro found that despite having suffered soft-tissue injuries in the subject accident, Ms. Arruda’s subsequent chronic pain diagnosis took her out of the Minor Injury Guideline.......


More:
http://www.timleighbell.com/car-accidents/fsco-chronic-pain-removes-applicant-from-minor-injury-guideline/

THE TRUTH REVEALED ABOUT INSURANCE COMPANIES’ PROFITS IN ONTARIO

Dr. Fred Lazar and Dr. Eli Prisman have updated the 2013 report to include data for 2014. The update found that consumers likely overpaid by $1.5 billion in the last two years alone. This includes overpayments of $700 million (or about $100 for each insurance policy) in 2014 on top of the $840 million in 2013. In addition to overpaying for insurance, the report concluded that the total industrywide profits in 2014 alone were 10.6 per cent – or nearly twice the levels considered reasonable. To read more about auto insurance and to download a copy of the report, click the “Download The Report” icon on the right side of this page.....

More:

http://truthaboutinsurance.ca/drs-lazar-prisman-report/

Wondering what Insurance Company CEOs make in a year?

It's a heck of a lot more than the $400/wk accident victims are expected to live on!

56 year old Executive Profile Donald A. Guloien- Chief Executive Officer, President and Director, ManulifeFinancial Corporation

 C$14,484,208 As of Fiscal Year 2014

COMPETITOR COMPENSATION

Name	Position/ Company	Compensation
Thomas J. Wilson II	Chairman of The Board, Chief Executive Officer, Chairman of Allstate Insurance Company, Chief Executive Officer of Allstate Insurance Company, Director of Allstate Insurance Company and Chairman of Executive Committee The Allstate Corporation	$1.1M
Jay S. Fishman	Chairman, Chief Executive Officer, Chairman of Executive Committee and Member of Operating Committee The Travelers Companies, Inc.	$1.0M
Paul A. Mahon	Chief Executive Officer, President, Director and Member of Executive Committee Great-West Lifeco Inc.	C$964.2K
Mark Andrew Wilson	Group Chief Executive Officer and Executive Director Aviva plc	2.3M GBP
John Robert Strangfeld Jr.	Chairman, Chief Executive Officer and President Prudential Financial, Inc.	$1.4M
Compensation as of Fiscal Year 2014.

 
Source/ more: http://www.bloomberg.com/Research/stocks/people/person.asp?personId=510859&ticker=MFC:CN&previousCapId=319616&previousTitle=The%20DeWolfe%20Companies%2C%20Inc.

"House of horrors" dentist leaves practice

This ones not a canadian story but deserves our attention:

by Jill Gregorie | 31 May 2015

Last week, news emerged that a Florida authorities were investigating a pediatric dentist accused of performing unnecessary tooth extractions on children, while possibly slapping and choking them in the process.

Dr. Howard Schneider`s practice is now being referred to as a "House of Horrors."

The 78 year-old had a history of similar allegatoins, including a three year-old whose family settled out of court after the infant received 16 “unnecessary” crowns. Schneider made headlines this time around after a mother started a Facebook campaign wjemher daughter arrived to have one tooth extracted, but ended up having seven removed.

“She was hyperventilating and had blood all over her, marks all over her," the mom reported. Staff had prevented the mother from sitting alongside her daughter, for no explicable reason.

Another mother has come forward and professed that her son had two front teeth removed for “unknown reasons” and claims that the dentist choked during the procedure. She was unable to hear his screams becuase she is deaf.

There is a possibility that this story took so long to emerge because Schneider would don scary costumes and tell children "your mom will die if you tell her what happened."  Schneider is one of the only dentists in the region to accept government-funded Medicaid insurance, and he's earned nearly $4 million from the program while committing these practices.

Since the story went viral, Schneider lost his medical license and more than 60 former patients are filing a lawsuit. The attorney general is also investigating these charges.

The Florida Board of Dentistry has announced that it will ensure Schneider never works in this field in the state again.

Source: http://www.insurancebusiness.ca/news/house-of-horrors-dentist-leaves-practice-191785.aspx
  

MPP Singh speaks out against changes to Accident Benefits

https://www.youtube.com/embed/LjJij_9bda

Personal Injury Law: Insurance changes a catastrophic ambush

As part of the provincial budget announced on April 23, the Ontario government has decided to first throw seriously injured accident victims off the bus and then deprive them of the ability to make a good recovery. The announcement comes as a total blindside to interested stakeholders.

Historically, whenever the Ontario government was considering major changes to automobile insurance legislation, there was widespread consultation with stakeholders. That consultation process consistently revealed it was common ground among all stakeholders that it was sacrosanct to reduce the benefits available to the most seriously injured persons. As a result, prior changes focused on changes other than reductions in the benefits available to the catastrophically impaired.

The government’s announcement includes five major changes. Each change reduces the funding available to accident victims. Each change reduces the chance for an accident victim to regain their independence. Each change results in further pressure on the currently underresourced public health care system.

Source/ more: http://www.lawtimesnews.com/201505044652/commentary/insurance-changes-a-catastrophic-ambush

Ontario may need to spend more to fix faulty social assistance program

TORONTO -- Ontario's minister of community and social services can't say whether the government will have to shell out more money to fix a support payment system that has already cost the province an additional $29 million.

http://www.ctvnews.ca/politics/ontario-may-need-to-spend-more-to-fix-faulty-social-assistance-program-1.2353911

J.D. Power Reports: Auto Insurers Continue to Miss the Mark to Improve the Customer Experience in Canada

While auto insurers have been able to improve customer satisfaction with price, they continue to miss the mark in interactions around claims and other service experiences, resulting in a decline in overall satisfaction for a third consecutive year, according to the J.D. Power 2015 Canadian Auto Insurance Satisfaction StudySM released today.

http://finance.yahoo.com/news/

Crash victims slam auto insurance rule changes

In the blink of an eye and the twist in a road 11 years ago, the lives of two young sisters changed for ever.
Shannon and Erica Deering were teenagers looking ahead to full and active lives.
Shannon, now 29, had won a scholarship to play softball in Florida. Erica, now 26, was still in high school but had hopes of becoming a lawyer.
All that changed in a horrific crash when both sisters suffered dreadful spinal injuries that left them quadriplegic.



http://www.torontosun.com/2015/05/07/crash-victims-slam-auto-insurance-rule-changes

Stop Reducing Ontario Accident Benefits - PETITION

Ontario:
Be aware of the proposed Changes to Accident Benefits which impacts all of us (including our loved ones) when injured in a car crash.

If you or a loved one is injured in a car accident you are entitled to certain benefits which you will rely on for your recovery.  These Accident Benefits are paid by you and regulated by the Ontario Government.

In 2010 the Ontario Government permitted insurance companies to dramatically cut these benefits for all accident victims.  Now there are more proposed reductions which will severely cut benefits for the most vulnerable victims of car crashes.  This will hurt victims' chances to recover from accidents and load additional costs to our already overly burdened health care system.

Finance Minister Charles Sousa recently announced the following proposed changes to the standard benefit level:

-$1 million coverage for medical and rehabilitation benefits and $1 million for attendant care benefits for catastrophically impaired persons to be reduced to half and combined

-Non-catastrophic benefits to be reduced from $86,000 to $65,000

-Medical and rehabilitation benefits for non-catastrophically injured persons will be available for only 5 years instead of 10

-Non-earner benefits (available for students or recent graduates) limited to two years

These proposed changes are unethical, especially considering Ontarians overpaid $840 million in 2013 and $3-4 billion from 2001-2013.

And unless we speak up, changes to our Accident Benefits could continue to take hits. It takes a lot to recover from a serious injury and many will be impaired for the entirety of their lives.

Please sign this petition, pass along, and contact your local MPP.

https://www.change.org/p/ontario-mpps-finance-minister-charles-sousa-stop-reducing-ontario-accident-benefits

The Government Gets it Wrong – Again!

Sorry people of Ontario, but I feel that the Financial Services Commission of Ontario (FSCO) is an embarrassment.  In short, FSCO is a FIASCO. 
FIASCO is responsible for regulating and governing our provincial auto insurance product.  And what a mess it is.  If you read up on articles about auto insurance, benefits and changes, the comments are hilarious.  Ontarians seem to have a strong dislike for both FIASCO and Insurance Companies.

http://entwistlepower.com/2015/05/the-government-gets-it-wrong-again.html

Liberal government ‘truly sorry’ for bungled welfare system rollout

Community and Social Services Minister Helena Jaczek has apologized and admitted that case workers weren’t properly trained on how to use the province’s new problem-riddled welfare caseload software.

http://www.thespec.com/news-story/5598726-liberal-government-truly-sorry-for-bungled-welfare-system-rollout/

Ontario’s Health Care Budget – Time to Cut the Fat?

The release of Ontario’s budget last week prompted comment from the president of the Ontario Medical Association, Dr. Ved Tandan, that the government’s policy of taking from the health care system to balance its budget is putting the healthcare system in jeopardy. Population growth and unmet needs for family doctors and other services are being ignored, he says. This is certainly an important and complex issue. That said, budgeting requires a careful look at unnecessary spending to determine where cuts can be made.
 http://otlablog.com/cut-the-fat/

How Much Have Ontario No-Fault Accident Benefits Been Eroding?

Source:  http://williehandler.blogspot.ca/

The recently announced auto insurance reforms included in the 2015 Ontario Budget will again reduce accident benefits as part of the government's efforts to reduce premiums in Ontario.  The government insists that benefits available are still generous.  I decided to compare the accident benefits available prior to the OMPP (Schedule C) under tort and the OMPP accident benefits with the new proposed limits announced in the Budget.  I used the Bank of Canada inflation calculator to convert past benefits into 2015 dollars.
The Schedule C accident benefits existed under the tort system prior to the introduction of no-fault.  Compensation was quite limited.  Income replacement benefits were available for 104 weeks, caregiver benefits for 12 weeks and medical benefits for 4 years.  The benefits aren't quite analogous but when converted into 2015 dollars, it tells an interesting story. Keep in mind there was no second tier of benefits under Schedule C for catastrophic injuries.  Those not at-fault would need to start an action to access additional compensation.
The table below shows that the Schedule C benefits are not that far off from the benefit levels announced in the Budget.  Not only are benefits being cut but inflation has also eroded them.

	pre-OMPP	pre-OMPP	2015 Budget
	(1989 $)	(2015 $)
IRB	$140.00/week	$240.24/week	$400.00/week
caregivers	$70.00/week	$120.12/week	N/A*
non-earners	N/A	N/A	$185.00/week
medical/rehab	$25,000.00	$42,900.82	$65,000.00
medical/rehab (cat)	$25,000.00	$42,990.82	$1,000,000.00
attendant care	N/A	N/A	N/A**
* caregiver benefit currently only available for catastrophic injuries
** attendant care included in medical/rehabilitation cap

The indexed OMPP numbers are also revealing.  The table below shows that the accident benefits proposed in the recent provincial budget are, in some cases, less generous than the OMPP accident benefits even before adjusting for inflation.  Even those with catastrophic injuries are likely better off under the OMPP even though there was no higher tier of accident benefits available.  The OMPP provided all claimants with up to $1 million in combined medical, rehabilitation and attendant care benefits.  In 2015 dollars that works out to approximately $1.6 million in benefits.

OMPP

OMPP

2015 Budget

(1990 $)

(2015 $)

IRB

$600.00/week

$977.81/week

$400.00/week

caregivers

$250.00/week

$407.42/week

N/A*

non-earners

$185.00/week

$301.49/week

$185.00/week

medical/rehab

$500,000.00

$814,838.71

$65,000.00

med/rehab (cat)

$500,000.00

$814,838.71

$1,000,000.00

attendant care

$500,000.00

$814,838.71

N/A**

* caregiver benefit currently only available for catastrophic injuries

** attendant care included in medical/rehabilitation cap

Court Critiques Defence Doctor’s Opinion Following “Flawed” Investigation

In today’s case (Chenier v. Szili) the Plaintiff was involved in a 2010 rear end collision caused by the Defendant.  The collision resulted in significant injuries.  In the course of the lawsuit the Defendant had the Plaintiff examined by a physician who provided evidence minimizing the connection between some of the plaintiff’s symptoms and the collision.

http://bc-injury-law.com/blog/court-critiques-defence-doctors-opinion-flawed-investigation?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+IcbcLaw+%28ICBC+Law%29

Provincial News: Government slashes benefits to MVA victims and calls it “Promoting consumer protection”

FAIR Association of Victims for Accident Insurance Reform calls for a moratorium on the proposed auto insurance changes in the 2015 budget

http://www.northumberlandview.ca/index.php?module=news&type=user&func=display&sid=34200