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Author Archive

FSCO Releases Draft Statement of Priorities for 2011

FSCO has released a draft of its statement of priorities for 2011. Some of the activities being considered are:

– Audit reviews of compliance with 2010 auto reforms, including Statutory Accident Benefits
– Work with stakeholders to identify measures that will reduce fraud and abuses in the auto insurance industry
– Undertake long-term initiatives from the 2010 auto insurance reforms – Minor Injury Treatment protocol, catastrophic impairment definition and closed claims study
– Consider additional tools in enforcement of insurance regulation such as administrative monetary penalties
– Initiate electronic mediation scheduling and explore feasibility of private sector medation/arbitration service providers to assist with increased workload resolution services.

FSCO is inviting comments on this draft by June 7, 2011.

Expert panel seeks comment on its definition of catastrophic impairment

The Catastrophic Impairment Expert Panel is seeking comments on its final report on the definition of “catastrophic impairment” under Ontario’s Statutory Accident Benefits Schedule (SABS).

The report will be posted on the Financial Services Commission of Ontario (FSCO)’s Web site for review on Apr. 11.

An information session will take place on April 28 to address questions on the report’s content. Attendance at the information session will be limited to three representatives from a single organization.

FSCO asks that interested parties RSVP by Apr. 21, or provide written submissions (supported by scientific evidence) by May 13 via the following email: [email protected]

“Catastrophic Impairment Report I Consultation” should be included in the emails subject line.

Alternatively, submissions can also be faxed to 416-590-7265, or mailed to the following:
Sivan Raz
Auto Insurance Policy Unit
Financial Services Commission of Ontario
5160 Yonge Street Box 85
Toronto ON M2N 6L9

Ontario task force to tackle auto insurance fraud

The Ontario government is setting up a task force to advise it on how to deal with auto insurance fraud. Will it help reduce insurance premiums?

 

Read the March 30, 2011 Globe and Mail article for more details.

The Court of Appeal upholds the Threshold for Psychological Injuries

In Healey v. Lakeridge Health Corp., [2011] O.J. No. 231 (C.A.), the Court of Appeal concluded that although there were some academic and judicial opinions to the contrary, there is a strong line of authority that to recover damages for psychological injury independent of physical injury, plaintiffs are required to show that they suffer from a recognizable psychiatric illness. The Court concluded,

“The law quite properly insists upon an objective threshold to screen such claims and to refuse compensation unless the [psychological] injury is serious and prolonged.”

Federal Government Falls

What does the fall of the Federal government today mean to small businesses such as a law firm?

FSCO Mediation Wait-List Times Decreasing

Smitiuch Injury Law has received confirmation from the Financial Services Commission on Ontario (FSCO) that steps are being taken to decrease the wait time for mediations from the current nine months.  Mediators at FSCO are now conducting three mediations per day instead of two.  This should help alleviate the backlog for disputes against insurers for denied accident benefits and, ultimately, will mean that clients will be able to have quicker resolution of their accident benefits claim issues.

A golf cart driving on a highway without insurance is a “motor vehicle”

A golf cart driving on a highway without insurance is still a ‘motor vehicle’ for the purposes of accident benefits. Arbitrator Kominar – “…certain classes of vehicles, including golf carts, when they are operating on property other than highways, it does not follow that ‘if’ those conveyances choose to venture out, illegally, onto highways that they are exempt from insurance requirements…”

Welcome to The Disclosure Blog

We are excited to introduce a new blog to the Canadian Legal community. We want this blog to be fresh, exciting, provoke thought and stimulate discussion. Our intent is to not just post items related to Personal Injury, Motor Vehicle Accidents or even items related to the business of law, although we still will. Thanks for visiting.

Articling Student Joins Smitiuch Injury Law

Mr. Vic Purewal has joined Smitiuch Injury Law as an articling student to complete his ten month articling training. Read the rest of this entry »
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