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Posts Categorized: insurance law

Forced by Your Insurer to Undergo a Vocational Assessment > Your Accident Lawsuit

The Issue

You are injured in an accident and sue. An insurance company defends your lawsuit What types of assessments can the opposing insurance company force you to attend, in your lawsuit? Can they force you to see a vocational assessor (i.e. not a medical doctor), who will assess your present and future abilities to work?

Rule 33 of the Rules of Civil Procedure and the Courts of Justice Act allow a defendant to conduct an assessment of a plaintiff. Specifically, section 105(2) of the Courts of Justice Actstates:

Where the physical or mental condition of a party to a proceeding is in question, the court, on motion, may order the party to undergo a physical or mental examination by one or more health practitioners (italics added).… Continue Reading


Is a Fractured Left Knee a Serious and Permanent Injury?

The Issue

In order to recover pain and suffering damages in Ontario, if challenged by the defendant insurer by way of threshold motion, you have to prove that your injuries are a “permanent serious impairment of an important physical, mental or psychological function”.

If as the plaintiff you do not prove your case or surpass this threshold test, then you will be denied the ability to collect pain and suffering damages for your injuries.

Why This Matters

Insurance companies are only required to pay pain and suffering damages to people hurt in Ontario car accidents if the plaintiff’s injuries surpass the Bill 198 threshold described above.… Continue Reading

Gregory Chang Speaking at FACL Conference

Gregory Chang, of our office, participated as a speaker in a conference held by the Federation of Asian Canadian Lawyers in downtown Toronto on November 10, 2012.

Greg was on a panel with Roslyn Tsao, Jacqueline An and Henry Chang in a roundtable discussion on practice issues that younger FACL members may face.… Continue Reading

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Car Insurance Changes in Other Provinces – Nova Scotia Implementing Reforms

Nova Scotia is seeking to implement car insurance reforms in 2012 and 2013.

In 2012, some of the changes will be to increase benefits to people in accidents:

Benefit Category                               Current Benefit                            New Benefit        

Medical And Rehabilitation Expenses                 $25,000                                       $50,000

Funeral Expenses                                            $1,000                                         $2,500

Death Benefits

Head of Household                                    $10,000                                        $25,000

Spouse of Head of Household                     $10,000                                        $25,000

Dependant                                                $2,000                                          $5,000

Loss of Income                                             $140/week                                    $250/week

Principal Unpaid Housekeeper                          $70/week                                    $100/week

These benefits changes are generally similar in scope to Ontario’s changes. … Continue Reading

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Chinese News Newspaper – Oil dump damages to home soar to $44,000

Our thanks to the Chinese News Group and Eric Emin Wood for allowing us to participate in their recent article (found online here) Oil dump damages to home soar to $44,000.

A PDF version of the article is found here.

Gregory Chang
Toronto Insurance Lawyer… Continue Reading

Changes to the Car Accident Treatment System > May Reduce Consumer Care Options

The Issue

Premised on the need to fight fraud, Ontario Regulation 194/11 is being introduced effective July 1, 2011.
The Effect

Car insurers can ask for backgfound information and identity confirmation for all service providers who seek to provide treatment to people involved in car accidents.

Car insurers can also request copies (or inspect originals) of all supporting documentation relating to treatment plans which are submitted on behalf of people hurt in car accidents.

Payment for treatment is not required until all of this information is provided.… Continue Reading