The Liberal government has released the budget for the 2015-16 fiscal year indicating the following changes relevant to the auto insurance industry: – Combining attendant care benefits into the medical rehabilitation benefit category while increasing this category from $50,000 to $65,000 (currently attendant care is separate category at $36,000); – Combining attendant care into the… Read More…
Call for Sponsors for Camp Dawn!
Bal Virk is a proud member of the Board for Camp Dawn. #CampDawnON provides a rare opportunity to adults with acquired brain injuries to participate in the full camp experience! Camp Dawn has grown tremendously over the years from 19 campers and 11 leaders when it started in 2003 to now host 100 campers and… Read More…
What communication is appropriate between experts and lawyers?
The Court of Appeal in Moore v. Getahun [2015] O.J. No. 398 has recently provided clarity as to whether lawyers can review draft expert reports and what is the appropriate degree of consultation between a lawyer and a testifying expert? The issue arose in a medical malpractice case. The Court of Appeal for Ontario concluded… Read More…
Been in an ATV or snowmobile accident?
With winter in full swing, operating All Terrain Vehicles (ATVs) and snowmobiles for recreation and transportation is very common. In recent years, there has been an increase in the number of registered off-road vehicles…and accidents. ATV and snowmobiles pose certain risks. Similar to motorcycle accidents, ATVs lack structural protection to riders in the event of… Read More…
What happens once I am discharged from the hospital?
This can be a very daunting time as you have likely become accustomed to having the care of a number of health professionals in the hospital. However, it will not be a daunting time with the right lawyer. This is a critical time for you to contact a lawyer so that they can put together… Read More…
FSCO Announces Further Changes to the SABS Effective December 1, 2014 and January 1, 2015
The Financial Services Commission of Ontario (FSCO) recently announced further changes to the Statutory Accident Benefits Schedule (SABS). The changes will affect service provider regulations, administrative penalties, transportation expenses and interest rates. Service providers, in particular, should familiarize themselves with the changes. The following is a brief summary of the key changes. Effective December 1,… Read More…
Court punishes insurance company for bad faith conduct requiring payment of $200,000 for punitive damages
A claim for punitive damages is not a claim for disability benefits and can be pursued in a lawsuit separately to punish an insurance company for bad faith conduct. In the recent decision, Fernandes v. Penncorp Life Insurance Company, the Court of Appeal affirmed the Trial Judge’s decision awarding $200,000 in punitive damages, as the… Read More…
Call out drivers that text
Distracted driving is much too common. It accounts for four million traffic accidents in North America each year. Although Ontario made it illegal in 2009 to drive while using a handheld device, last year approximately 75-80% of all car accidents resulted from driver inattention. It is illegal to use a handheld device while driving but… Read More…
Am I entitled to interest on overdue payments from my insurance company?
Yes, for accidents that occur after September 1, 2010, the rate of interest on overdue accident benefits payments changed from 2% per month, compounded monthly to 1% per month, compounded monthly. The decisions of Arbitrator Maggy Murray in Federico v. State Farm Mutual Automobile Insurance Co., [2012] O.F.S.C.D. No. 20 and Arbitrator JeffreyRogers in Subramaniam… Read More…