Social Media, Privacy, and High-tech Fishing Expeditions: Digital Evidence in the 21st Century

In today’s high tech world, the ubiquity of social media, wearable technology and the digitization of everything we touch, see and do leaves behind a trail of digital fingerprints. As such, it’s no surprise that starting a personal injury lawsuit in the digital age often comes with many challenges; one of which is the potential production of “private” social media details to insurance companies. Information found …

Next Halloween, Beware Headless Horsemen, Driverless Cars Roaming Streets

By next Halloween, not only will we see Headless Horsemen roaming the streets but we may also see driverless cars alongside them! Before a call is made to Dr. Egon Spengler and the rest of the Ghostbusters; no – they aren’t ghost cars – they are autonomous vehicles and Ontario is set to become the first jurisdiction in Canada to begin testing them on our …

Profits Soar for Ontario Auto Insurance Companies

Last week, an updated study from York University School of Business Professors Fred Lazar and Eli Prisman was released that reveals consumers likely overpaid $1.5 billion in the last two years for auto insurance. This includes overpayments of $700 million (or about $100 for each insurance policy) in 2014 on top of the $840 million ($120 per policy) in 2013. This study is further proof …

Attendant Care Moves into the Digital Age

In recent years, the Ontario legislature has slowly eroded accident victims’ access to Attendant Care benefits available under the Statutory Accident Benefits Schedule (SABS). Since 2010, an accident victim must either hire a professional caregiver or prove that his/her attendant has incurred an economic loss – such as lost income – while providing attendant care. Both requirements are fraught with complications. When attendant care in …

Reducing Taxpayers’ Dollars means the CMPA taking a Different Litigation Approach

As medical malpractice lawyers know all too well, the Canadian Medical Protective Association (“CMPA”) has earned its litigious reputation. Their slogan reads, “protecting the professional integrity of physicians and promoting safe medical care in Canada”. They profess a duty to protect rather than to defend. Often, this mandate translates into aggressively fought litigation culminating with a trial or settlement only on the courtroom steps. This …

Ontario government deals another blow to injured Ontario motorists with the Common Traffic Impairment Guideline

available rehab coverage

The Ontario government continues to allow insurance companies to erode coverage for Ontario motor vehicle accident victims. The draft Common Traffic Impairment (CTI) Guideline proposes to reduce available treatment to below critical levels. OTLA has submitted a Response to the Draft CTI Guideline and the CTI Guideline Appendix. Prior to September 2010, car crash victims had up to $100,000.00 in available coverage for rehabilitation. To …