Toronto lawyer Joseph Groia, the first lawyer convicted for incivility on the basis of submissions made in court on behalf of a client, is taking his long-standing legal battle to Ontario’s top court. From the Toronto Star. Mr. Groia succesfully represented Mr. Felderhof, an officer and director of Bre-X, a Calgary-based mining company that had grown to a multi-billion dollar company largely based on its claim …
New Policy on Travel Expenses for Treatment Providers Discriminates Against Rural Claimants
FSCO regularly publishes Bulletins which are meant to guide insurers and claimants on the permissible and impermissible practices surrounding claims for accident benefits. In FSCO Bulletin A-14/14, along with outlining regulatory amendments which were to take effect on December 1, 2014, FSCO also sent a strong message about mileage expenses for treatment providers, which will discriminate against claimants who live anywhere other than large towns and cities and …
Expansion of the Duties Owed to Rescuers
What can be reasonably foreseeable in rescue situations? In Maguire v. Padt, Suzanne Padt was found to be negligent when she drove into a ditch while driving in winter whiteout road conditions. Two other drivers and a police officer stopped to assist Ms. Padt and her daughter out of the ditch and were successful in getting them into the police car safely. Amidst the investigation …
The War on Toboggans is Not Due to Lawsuits or the Courts
Are municipalities getting nailed with lawsuits for kids and families tobogganing on city property? Absolutely not! Are they held responsible when they know someone will get hurt, but do nothing about it? Sometimes, but it is extremely rare. If there is a war by municipalities against tobogganing, don’t blame lawsuits. Believe it or not, tobogganing cases going to court against a city or town are …
Be Uber Aware!
Uber is once again making the news due to concerns about proper insurance coverage – both for Uber operators AND Uber passengers. New facts uncovered by BuzzFeed focus on a California investigation, but may cause Ontario Uber users to question the company’s commitment to ensuring both its operators and passengers are adequately covered by insurance. In an effort to keep costs down, many Uber operators …
Consent to Medical Treatment is Not a Waiver of Rights
With the holidays behind us, and all the full potential of the New Year before us, thoughts sometimes turn to our health. Now is the time to dust off the treadmill, avoid the sugary treats and maybe even see the doctor for a checkup. If there are any concerns, the doctor will likely recommend some form of treatment. Treatment can be as simple as a …
