Ontario Trial Lawyers Association

FSCO Rate Filings – Profit Transparency Lacking!

A Primer on FSCO Auto Insurance Rate Approvals On April 13, Ontario’s auto insurance regulator, the Financial Services Commission of Ontario, FSCO, posted an auto insurance rate increase on average of 2.23 per cent for the first quarter of 2018. This isn’t the first rate increase we have seen lately. In fact, FSCO has approved rate increases 6 of the last 8 quarters totalling an …

Helmets On Kids Campaign Reaches Milestone Donation Total

4 girls wear their new bike helmets

The final numbers are still rolling in, but it’s safe to say that the OTLA Helmets on Kids Campaign has reached another major milestone. When tallying the totals since the program’s inception in 2002, we discovered the happy coincidence that over 25,000 helmets had been donated by OTLA’s 25th anniversary. Now, we are thrilled to see donations in 2016 bring our grand total to over 30,000 helmets, valued at an estimated $450,000!

Arsenovski v. Bodin, 2016 BCSC 359

In a recent decision out of British Columbia, the Court ordered a punitive damage award of $350,000 against ICBC. The decision of Arsenovski v. Bodin underscores the importance of an insurer’s responsibility to act in good faith when undertaking claim investigations. In Arsenovski, the Court found the insurer acted maliciously and negligently in its investigation. The case reinforces the fact that insurers should reassess their position in response to new information and evidence to ensure they are acting reasonably and in good faith to their insureds.

Give and Take: Auto Insurance Premiums Drop at Expense of Ontario’s Injured and Vulnerable

Signs at Rally for Fair Insurance Benefits

OTLA President-Elect Adam Wagman recently appeared with Jerry Agar on Newstalk 1010, Scott Thompson of AM900 CHML, and also with Tom Hayes on Global News to speak about concerns with Ontario’s new auto insurance rules. On June 1, 2016, in an effort to reduce insurance premiums in Ontario, the Provincial government has mandated changes to accident benefits. These changes include a $1 million dollar reduction …

Kania v 1618278 Ontario Inc (c.o.b. Heart and Crown Irish Pubs), 2015 ONSC 7042

This recent decision is a reminder of the affirmative duty that occupiers owe to take reasonable care to ensure that people are safe while attending on their premises.

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.