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 …

Injured Victims Risk Recovery of Municipal Damages

Man walks bicycle on sidewalk

Municipalities enjoy legal protections that other parties do not. Take the 10-day notice period as a prime example.

The Municipal Act, 2001 states that no legal action shall be brought for the recovery of damages unless the municipality is notified of the claim and injury within 10 days of its occurrence. When municipal property is in a state of disrepair or covered in ice and snow, with no reasonable attempts at maintenance, resulting injuries warrant recovery of damages from the responsible municipality.

The injured person has only 10 days to let the municipality know that they were injured on city property, or risk being unable to recover damages.

Beware Little-Known Limitation Periods in the National Defence Act

At any given time across this country, there are thousands of high school students in Ontario enrolled in various Army and Sea Cadet programs, not to mention army and navy personnel operating jeeps, humvees and heavy trucks on provincial roads. In connection with Army and Sea Cadet programs, these kids participate in potentially hazardous activities and injuries do occur from time to time. Motor vehicle accidents (MVAs) involving …

From FSCO to the LAT: Procedural Changes to Accident Benefits Disputes

signpost reads LAT in front of FSCO offices in Toronto

  The 2015 Ontario budget announced on April 23, 2015 brings sweeping changes to the auto insurance accident benefits system. Catastrophic and non-Catastrophic funding limits were slashed, and drastic revisions to the definition of “catastrophic impairment” were proposed. There will be a huge procedural change as well; disputes under the Statutory Accident Benefits Schedule (“SABS”) will no longer be subject to the jurisdiction of the Financial Services …

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.