lawyer Tag Archives

Ongoing Legislated Non-Disclosure Following Hospital Mistakes

Written by Roelf Swart / Medical Malpractice / June 15, 2015

On March 4, 2015, the Government of Ontario announced the release of the Quality of Care Information Protection Act (QCIPA) Review Committee Recommendations. The Review was initiated by Minister of Health and Long-Term Care, the Honorable Eric Hoskins, and a committee was convened to review current practice of the interpretation and implementation of the Quality of Care Information Protection Act. Unless otherwise specified, QCIPA overrides …

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Ontario’s Health Care Budget – Time to Cut the Fat?

Written by Joni Dobson / Insurance, Medical Malpractice / April 30, 2015

The release of Ontario’s budget last week prompted comment from the president of the Ontario Medical Association, Dr. Ved Tandan, that the government’s policy of taking from the health care system to balance its budget is putting the healthcare system in jeopardy. Population growth and unmet needs for family doctors and other services are being ignored, he says. This is certainly an important and complex …

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The Truth Revealed About Insurance Companies’ Profits in Ontario

Written by Kris Bonn / Accident Benefits, Automobile, Insurance / April 15, 2015

Dr. Fred Lazar and Dr. Eli Prisman, from the York University Schulich School of Business, conclude in a recent study that for the period of 2001 to 2013, consumers in Ontario have likely overpaid for auto insurance by between $3 and $4 billion. This money has not gone to accident victims nor to lower premiums for consumers – instead this money has gone straight to …

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Top Five Highlights from Westerhof v. Gee Estate

Written by Najma Rashid / Case Law, Medical Malpractice / April 01, 2015

On March 26, 2015, the Ontario Court of Appeal released its decision in Westerhof v. Gee Estate 2015 ONCA 206. Heard at the same time as the recently-released Moore v. Getahun, Westerhof has been championed by members of the Plaintiffs’ bar as a “big win for common sense” in the area of non-expert opinion evidence. As was the case with Getahun, Westerhof also attracted a …

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Pitfalls, Potholes and Falling Concrete: Problems with the Minimum Maintenance Standards

Written by Lawson Hennick / Municipalities / March 11, 2015

With one of the coldest months on record finally behind us, Ontarians are getting a knack for braving subzero temperatures this winter. Unfortunately, Ontarians will continue to feel the chilling effect of the Minimum Maintenance Standards for Municipal Highways (“MMS”) long after the snow has gone. Recent news about a large chunk of concrete allegedly falling from the Gardiner Expressway Bridge and smashing into the …

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The “Inevitable” Accident Defence

Written by Michael Giordano / Automobile, Case Law, Insurance / March 04, 2015

The inevitable accident defence can be applied not only in cases of black ice or potholes, but also where accidents are attributed to a medical condition, sudden mechanical failure, or an animal darting onto the roadway.

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