21 March

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The Truth About Fraud Allegations In Personal Injury Claims

With a provincial election ramping up in Ontario, a campaign issue that seems to percolate to the surface every election year is high auto insurance premiums. As you may recall the current Ontario government had previously promised a rate reduction in premiums of up to 15% - this reduction never materialized. Instead what Ontarians received was a drastic reduction in the benefits they get for their premiums. Now Ontarians actually have to pay more, not less, to get the same coverages they used to get before. Insurer's will have the public believe that the high premiums are because of fraud....

09 February

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Predicting Jury Outcomes In A Trial

Posted by Michael Kelly & Sabrina Singh

in Litigation Advice, Personal Injury

We’ve all seen famous television shows like Suits, Law and Order or The Good Wife where on occasion an episode showcases an entire field of study dedicated to reading the jury. In some States of the United States, members of the public who serve on a jury are not prohibited from discussing the case with the media or in public after the fact. Often jury members will go on a media tour or be interviewed extensively by the media or by field experts to get insight on what went on in the jury room during deliberations. In some U.S. jurisdictions,...

08 December

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There’s Nothing Fair About Ontario’s “Fair Auto Insurance Plan” For Accident Victims

Posted by Michael Kelly & Sabrina Singh

in Personal Injury

Earlier this week the Ontario Government announced new proposed legislation to address auto insurance called "Ontario’s Fair Auto Insurance Plan”. This newly proposed legislation – the government claims - will once and for all tackle high insurance premiums. You have heard that promise before, repeatedly. It’s perhaps no surprise that the Insurance Bureau of Canada, a national lobby group for insurance companies welcomes the latest changes. Previous government changes to the Insurance Act have reduced benefit amounts that accident victims can claim to minimal sums. The Government very proudly announced that their plan means millions of tax payer dollars will be...

17 October

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Marijuana Legalization – Good or Bad For Accident Victims?

Posted by Michael Kelly & Sabrina Singh

in Personal Injury

Marijuana Legalization in Ontario and Personal Injury

This Blog was written with contributions from Kirsten O’Brien, Patient Services Educator at Medical Marijuana Consulting. The forthcoming legalization of marijuana in the summer of 2018 will have wide ranging implications for the law in several areas, including personal injury law. In this blog we consider marijuana legalization and its potential impact on roadway safety and personal injury victims. A major cause of motor vehicle accidents and serious injury is impaired driving. The legalization of marijuana will create new challenges for the government and police authorities. They will have to work quickly to ensure provisions are in place to identify and prevent...

04 October

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Auto Insurance Industry Reaps Profits As Accident Victims Pay The Price Of Reforms

Posted by Michael Kelly & Sabrina Singh

in Personal Injury

Insurers Reap Profits while Accident Victims Pay

Starting in 1990, successive Ontario governments under pressure to reduce the rising costs of automobile insurance engaged in a long history of changing and amending the way that victims of car accidents would be compensated for their losses and obtain treatment on a timely basis. The emphasis now was on “no-fault” or “accident benefits where the injured person’s own insurer would cover much of the treatment and economic losses suffered. The right to sue negligent motorists still existed (“tort”), but in a very limited form. (Check out our blog on Five common myths About Making a Claim After a Car...

11 September

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Five Things To Know About Proving Chronic Pain In Personal Injury Cases

Posted by Michael Kelly & Sabrina Singh

in Personal Injury

1) Chronic Pain Is A Long Term Pain Disorder That Can Arise After A Car Accident Or Personal Injury In many cases involving personal injury – whether it be a motor vehicle accident, a work accident or an insurance claim – the diagnosis of chronic pain syndrome or fibromyalgia may come up. Generally, we are talking about an individual who suffers significant and disabling pain, yet the test reports (MRIs, CT scans etc.) don’t reveal a cause for the pain. While chronic pain syndrome typically refers to a localized pain in particular areas of the body, such as one’s neck, back or...

04 June

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Supreme Court of Canada Weighs In On Proving A Mental Injury

Posted by Michael Kelly & Sabrina Singh

in Litigation Advice, Making a Difference, Personal Injury

Just this week the Supreme Court of Canada released a landmark decision on the issue of mental harm and mental injury caused by negligence. The Honourable Supreme Court Justice Brown, for a unanimous court, delivered the decision. The appeal arose from a motor vehicle accident claim in British Columbia. At trial the Plaintiff was awarded damages for mental injury based exclusively on the testimony of lay witnesses. In other words, no medical professional was called to support the Plaintiff’s claim for damages arising from mental injury. The British Columbia Court of Appeal reversed the ruling, holding that in order to recover damages...

19 May

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Chronic Stress From Workplace Bullying Now Recognised By The WSIB

Posted by Michael Kelly & Sabrina Singh

in Employment Law, Personal Injury, WSIB

1) Bullying Is No Joke - It Can Have Serious Detrimental Health Effects It has become clear from the flood of media reports in recent times that harassment and bullying is not just a grade school problem, but something that can infect workplaces everywhere. This kind of conduct can inflict serious mental stress and psychological problems upon victims of workplace abuse. 2) WSIB Could Not Be Claimed For Chronic Mental Stress Caused By Workplace Bullying - In Fact The WSIB Specifically Excluded It For years Ontario’s workplace compensation would not allow such individuals to make claims for compensation, even though it was a...

04 May

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Car Insurance System Failing According To Former Head Of WSIB

Posted by Michael Kelly & Sabrina Singh

in Personal Injury

Recently, the Ontario government quietly released a report called "Fair Benefits Fairly Delivered: A Review of the Auto Insurance System in Ontario". It’s the latest inquiry into Ontario’s car insurance regime. As lawyers practicing personal injury law for many years, we’ve become intimately familiar with the complicated mess successive governments have created in their pursuit of balancing compensation for those who are injured, with keeping premiums affordable in a mandatory car insurance system. Some of the statistics in the report, authored by the former CEO of the Workplace Safety and Insurance Board (WSIB), Mr. David Marshall, are staggering. Ontario insurance companies...

25 March

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Is Your Car Insurance Company Violating Your Privacy Rights?

Posted by Michael Kelly & Sabrina Singh

in Making a Difference, Personal Injury

If you are seriously injured in a car accident, there are two types of claims that can be made. One is the no fault claim from your own insurance company for accident benefits, and the other is a lawsuit or court claim, against the at fault driver. In Ontario, there are a number of very large insurance companies that sell car insurance, because of this sometimes your car insurance company may also be the same company that insures the person at fault for your injuries. Even though you can make two separate claims, it is the same insurance company behind the...