Association News Category Archives

2016 Helmets on Kids campaign kicks off in Toronto

By law, it is mandatory for every cyclist under the age of 18 to wear a helmet, while those who are under 16 need to have a parent or guardian make sure they are wearing them. Helmets have been proven to greatly reduce the risk of brain and head injuries, preventing concussions and potentially even death. Studies have shown that helmet use reduces head injury …

Terror victims find redress in Canadian Courts

The threat of terror is a global travesty that seems to respect no geographic boundaries. It is incumbent on Canada and other countries to work together to deter the sponsorship of terrorism and to obtain civil justice against those entities that support and enable its proliferation. What is the Justice For Victims of Terrorism Act? On March 13, 2012, the Canadian Government enacted the Justice For …

Diagnosis Denied: “Systemic Disregard” for Medical Assessments of Injured Workers

In November 2015, the Ontario Federation of Labour (“OFL”) and the Ontario Network of Injured Workers’ Groups released Prescription Over-Ruled, a report criticising how the Workplace Safety and Insurance Board (“WSIB”) evaluates medical evidence when it processes claims. The OFL is Canada’s largest provincial labour federation and represents roughly one million workers. Their report alleges that the WSIB ignores medical evidence and opinions when it is …

Queen’s University Takes Top Prize at 2016 OTLA Cup

Ten competitors and five witnesses from law schools throughout Ontario competed in the annual mooting competition in a hotly contested mock trial, held this year in Windsor, Ontario. The competition was tight as all the participants were extremely well prepared, but ultimately only one team could take home the Cup. Queen’s University returned the OTLA Cup to Kingston in 2016, the site of the first …

Transition to the LAT

The LAT is set to begin receiving applications for SABS disputes on April 1. OTLA is addressing significant concerns about the transition, specifically an insured’s ability to access the new dispute resolution process.

False Fraud Allegations Spur Punitive Damages in BC

crosswalk photo with ICBC logo and insurance document overlaid

The National Post reported recently on a judicial decision from British Columbia ordering the Insurance Corporation of British Columbia, ICBC, to pay an immigrant couple more than $350,000 in punitive damages after the corporation falsely accused them of insurance fraud. In the judgment, the prosecution brought against Danica Arsenovski was described by Justice Susan Griffith as “malicious,” and the actions of the ICBC “brought fear and …