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Friday, December 8, 2017

 
 
 

 
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FSCO Releases Cost of Goods Guidelines

The Financial Services Commission of Ontario (FSCO) has released guidelines on the costs of goods.  The Guideline was developed as a result of a recommendation by the Auto Insurance Anti-fraud Task Force in its interim report regarding measures that should be undertaken as soon as possible.

Pertinent sections are quoted below:

“For the purposes of this Guideline, the retail price is the lowest price, including delivery charges (if delivery is required), duties and taxes, that would be payable by or on behalf of an insured person to acquire an item of goods from a source that is available to a member of the general public in Ontario.

Where a retail price exists for an item of goods, a “reasonable” expense for that item for the purposes of sections 15 and 16 of the new SABS and sections 14 and 15 of the old SABS is that retail price, or the price actually paid or payable by or on behalf of the insured person to acquire the item, whichever is lower.

In the event of a dispute over whether an expense for an item is “reasonable”, the onus is on the insurer to provide reasonable evidence of the retail price of the item.

Reasonable evidence includes, but is not limited to: an advertisement; written confirmation from a vendor; or any other reliable form of proof of the retail price.”

The Guidelines can be read in their entirety by clicking here.

 

 

Are you in the MIG? Maybe not.

Claims Canada Magazine is reporting that more than 50 percent of all claims in Ontario are currently falling under the Minor Injury Group (MIG). The article acknowledges that insurance companies are “holding their breath” to see how arbitration and judicial decisions will interpret the new regulations as to what is and is not considered a “minor injury”.

Interestingly, the question still remains open as to whether or not individuals who were injured after September 1, 2010 but prior to their policy renewal date can be placed within the MIG category and, more importantly, the $3,500.00 limit for medical and rehabilitation benefits, as this is based on a bulletin from the Financial Services Commission of Ontario (FSCO). A bulletin is not law.

iPad or Playbook?

With a big head start in release dates, the iPad clearly has the lead over the Playbook. But does this mean it is the best choice for lawyers and legal firms? Which one will help your law practice? If looking around the office is any indication, the iPad is the winner. By the time the Playbook was released today the technology junkies had already bought their tablet and they are not going to purchase another one until there is a significant reason to do so.

There are so many good applications available for the iPad that will help your practice. Apple’s productivity suite ($), DropBox (free), LogMeIn Ignition ($) and a terrific new app, Moleskine (free).

Given the head start in sales and the countless apps I think the iPad is the best choice.

For more information on using your iPad in your law practice, check out the following blogs: Legal iPad (www.legal-ipad.com), Tablet Legal (www.tabletlegal.com), iPadLawyer (www.ipadlawyer.co.uk), iPad Notebook (www.ipadnotebook.wordpress.com)

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?

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