insurance Tag Archives

What is the threshold and who meets it?

Why does OHIP receive part of my settlement?

Money with doctor symbol superimposed to show OHIP entitlement

Following settlement of your injury claim, there may be other parties entitled to part of your settlement: your Group Benefits Insurer/Extended Health Insurer, Ontario Disability Support Program, and the Ontario Health Insurance Plan (OHIP) to name a few.

Technology and the Personal Injury Claim

Medical data is shown on a digital technology display

Technology has long been a topic that has piqued the interest of the legal profession. Instead of being dissuaded by the rapid development of technological innovation, lawyers, the courts, and insurance companies are using technology to their advantage and embracing the benefits they produce.

Challenging jury bias in Ontario automobile injury trials

car key with "insured" written on fob

Should people with auto insurance be excluded from juries in car crash trials? OTLA Director Kris Bonn argues that jurors familiar with car insurance might decide to reduce the victim’s award, in order to keep premiums from becoming more expensive. How is that fair to Ontario’s vulnerable and injured?

It’s Time to Abolish the Pain and Suffering “Cap”

Pain and Suffering affects many victims, but we're failing them

Back in 1978, the Supreme Court of Canada set an upper limit or “cap” on pain and suffering damages in Andrews v. Grand & Toy Alberta Ltd. J.A. Andrews was only 21 when he was rendered quadriplegic from a motor vehicle collision. The Court wrote that “It is difficult to conceive of a person of his age losing more than Andrews has lost.” He was ultimately awarded $100,000 …

Bill 103: Another Slap in the Face for Injured Victims

Bill 103

On March 8, 2017, Ontario MPP Mike Colle introduced Private Member’s Bill 103, An Act to amend the Law Society Act and the Solicitors Act with respect to matters related to personal injury claims and client agreements in legislature. Bill 103 set out a number of prohibitive measures including the capping contingency fee agreements at 15% of the award, banning referral fees in personal injury …