ontario Tag Archives

The Year of the LAT

Fireworks celebrate one year since the debut of the LAT

We’ve now had a year’s worth of LAT decisions (the first LAT decision was released online in July 2016). This post will examine the LAT decisions published online on CanLII to date (or at least up until June 22, 2017).

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.

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?

What is an Occupational Therapist?

Occupational therapists provide a guiding hand to recovery

Most people who are injured in an accident instinctively know that they should immediately seek out the closest emergency department or a doctor. If injuries do not require hospitalization, then they are commonly referred to physiotherapists, massage therapists, chiropractors, or another practitioner of physical therapy. Many people do not know that a registered occupational therapist can be exceedingly helpful to their recovery, rehabilitation, and quality …

Ontario insurers continue to profit from victims of arson

A string of disturbing cases has highlighted a troubling trend of injustice for Ontario homeowners who are victims of arson. While homeowners rely on insurance to protect us when we are victims of a wrongful act – like arson – insurers continue to take advantage of consumers by placing exclusions in their policies that prevent just compensation.

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 …