Duncan Macgillivray

Duncan is a founding partner of White Macgillivray Lester LLP in Thunder Bay and Lecturer at the Bora Laskin Faculty of Law, Lakehead University, teaching Insurance Law. Duncan has served injury clients all across Northwestern Ontario, from the Manitoba border in the west, to Greenstone in the east and all the way up north to Hudson’s Bay. Duncan is involved in his community, serving on the Board of Directors of the Brain Injury Association of Thunder Bay and Area from 2009 to Present (with 2010 to 2015 as President) and the Board of Directors of Thunder Bay Counselling Centre 2009 to 2015 (with 2011 to 2015 as Board Chair). Duncan is also involved in the legal community, sitting on the Board of Directors of the Ontario Trial Lawyers’ Association since 2015, Thunder Bay Law Association since 2012, and Co-Chairing the Thunder Bay Law Association’s Civil Litigation CLE programs.

How Many People Actually Buy Optional Accident Benefits?

In Ontario, the standard no-fault Accident Benefit coverage for Catastrophic injuries (i.e. the most serious injuries) is $1M for all Medical, Rehabilitation and Attendant Care services. That amount is not enough to protect you if you are catastrophically injured. For an extra cost, you can buy an extra $1M of coverage (increasing your coverage to $2M)…

Top 5 “Wow!” Moments from Insurance Companies’ Submissions to the Ontario Government on Restoring the $2M Catastrophic Limits

In 2019, the Ontario Ministry of Finance asked for submissions on automobile insurance and whether to return to a $2M limit for medical, rehabilitation and attendant care benefits for catastrophically injured people. Here are the Top 5 “Wow!” moments from those submissions…

LAT Stats: Market Share vs. LAT Applications and Decisions

This blog post will compare Ontario automobile insurer market shares against the amount of Licence Appeal Tribunal (LAT) Applications and LAT Decisions. In other words, how are the biggest insurers behaving on automobile insurance claims from their own insureds? Which insurers are denying the most claims? And, which insurers play hardball with their insureds all the way up to a LAT hearing and decision?

Updated LAT Statistics

OTLA continues to make strategic Freedom of Information requests to the government. As part of these requests, we recently received updated Licence Appeal Tribunal statistics.

10 Things We Learned at The September LAT Stakeholder Meeting

OTLA staff and members attended the Licence Appeal Tribunal Stakeholder Consultation Meeting on behalf of OTLA. At the meeting, the LAT provided us with an update on their operations and different stakeholders (OTLA, the IBC, The Advocates Society and the OBA) each presented concerns and potential solutions to help the LAT.

“Reasonable And Necessary” Treatment: What Does It Mean?

Your automobile insurer is supposed to pay for all “reasonable and necessary” non-OHIP-covered medical treatment (up to specific monetary limits).  This includes things like: Physiotherapy Counselling Occupational Therapy Rehab Support Chiropractic Acupuncture Massage Therapy and Mobility devices Treatment is important for any person’s recovery from injury.  Treatment can alleviate pain and increase function. But, often automobile insurers will balk at paying for treatment, stating “that’s …