Changing the focus in medical negligence: From protecting negligent doctors to providing effective victim compensation For more than 25 years, the Government of Ontario has provided hundreds of millions of taxpayer dollars to the Canadian Medical Protective Association (CMPA). The CMPA is the principal provider of defence legal services and indemnity payments for doctors in Canada. Over the last ten years alone, Ontario taxpayers have …
Tort Rights Eroded for Victims of Auto Accidents
Drunk, distracted and dangerous drivers – sit back and relax. Why? Because you don’t have to fully pay for your mistakes. The insurance companies that hire lawyers for you and defend you in court have spent millions of our premium dollars lobbying the government of Ontario to take away the rights of the people you injure when you are driving. Because of these efforts, the …
Seeking Fairness for Victims of Medical Malpractice
Reporter Sheryl Ubelacker reported on October 26, 2016 that 1 in 18 Canadian hospital patients experience harm from preventable errors (Read more). Ms. Ubelacker reports on a study that 138,000 Canadians admitted in a Canadian hospital in 2014-2015 suffered some kind of harmful event that could potentially have been prevented. Of these 138,000 patients, the study finds that more than one adverse event compromised their …
Personal Injury Lawsuit: Self vs. Lawyer Representation
For a new personal injury client, a lawsuit can seem like a long and involved process. Clients often want a basic explanation of what needs to happen and when they will need to be present for their lawsuit. This article lays out the typical steps in personal injury litigation but of course there can be many twists and turns along the way. First of all …
What is a “threshold test”?
Authored by: Alfonso Campos Reales In Ontario, it is not enough for a car accident victim to prove that he or she has been injured by the fault of another to sue for his or her pain and suffering or health care expenses. Victims must also meet a test called the “threshold” to be compensated for these losses. The threshold test looks at the injuries …
Assessing Credibility in a World of Surveillance
In the course of an auto claim, claimants will often be required to visit a host of treating doctors and assessors over different points in time. Often times, these doctors and assessors will generate notes, records or reports that may be used as evidence later in the case. While it may not seem crucial at the time, what is or isn’t reported to a doctor …
