Accident Benefits Category Archives

New Policy on Travel Expenses for Treatment Providers Discriminates Against Rural Claimants

FSCO regularly publishes Bulletins which are meant to guide insurers and claimants on the permissible and impermissible practices surrounding claims for accident benefits. In FSCO Bulletin A-14/14, along with outlining regulatory amendments which were to take effect on December 1, 2014, FSCO also sent a strong message about mileage expenses for treatment providers, which will discriminate against claimants who live anywhere other than large towns and cities and …

Expansion of the Duties Owed to Rescuers

What can be reasonably foreseeable in rescue situations? In Maguire v. Padt, Suzanne Padt was found to be negligent when she drove into a ditch while driving in winter whiteout road conditions. Two other drivers and a police officer stopped to assist Ms. Padt and her daughter out of the ditch and were successful in getting them into the police car safely. Amidst the investigation …

Accessing Justice Through Legal Expense Insurance: A New Perspective for the Injured Claimant

Access to justice plays a vital role in maintaining the rule of law and ensuring fairness and equality within our civil justice system. In a perfect world, justice could be done without regard to the high costs of litigation. Regrettably, we live in a world that is far from perfect and litigants must be mindful of the high costs and risks of litigation. Despite the …

ATVs, accident benefits and lawsuits: Timing is everything!

The use of off-road recreational vehicles such as ATVs for fun and recreation has increased dramatically over the years.  It is also not unusual to see such vehicles on public roadways, and for these vehicles to be driven by young people including minors.   Over the years, recreational culture has given rise to an increasing number of rollovers, crashes, and alcohol-related incidents involving ATVs and other …

Bill 15: New Auto Insurance Legislation Inhibits Access to Justice, Requires Amendment

With Bill 15, introduced in July 2014, the government has brought forward amendments that were initially introduced earlier this year. OTLA welcomes the new legislation which would bring forward Justice Douglas Cunningham’s much-needed reforms to the auto insurance dispute resolution system. While we welcome the majority of the recommendations, there are two outstanding issues that we ask MPPs to address through amendments at committee: ensuring …