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Posts Tagged: experts

Expert Reports Can be Claimed Against Accident Benefits Carrier, Even if Used in Tort

The Background:  When injured in an Ontario car accident, plaintiffs suing in tort (i..e against the other driver) also have an ongoing claim with their Accident Benefits carrier, which very often turns into a dispute claim.

The Issue:  Can the cost of an expert report be claimed against the Accident Benefits carrier, even when the report is partially used in the tort lawsuit?

Why This Matters:  Plaintiffs incur significant expenses (disbursements) when prosecuting their tort lawsuit and/or accident benefits disputes.  It is important to seek re-imbursement whenever possible. … Continue Reading

Videotaping Medical Experts (Examining You on Behalf of the Opposing Insurance Company) – Part 3

Further to our September 15, 2010 blog and our October 27, 2010 blog, we discuss the ongoing caselaw on the issue of audiotaping or videotaping a defence medical assessment arising in a personal injury lawsuit.

In Bakalenikov v. Semkiw (2010 Ontario Superior Court of Justice), the issue of videotaping or audiotaping a psychiatry defence medical assessment is discussed, with an extensive analysis of the caselaw and effect of Rule 53.03.

Master Short notes that the objectivity of the proposed defence psychiatrist is challenged in this motion. … Continue Reading

Videotaping the Medical Expert Who Is Examining You (on Behalf of the Opposing Insurance Company) – Part 2

If you are hurt in an Ontario car accident, you may decide to sue for damages arising from your injury and loss.

During your lawsuit, the insurance company defending your claim may wish to evaluate you by requiring you to attend for one or more medical assessments by medical doctors of their choosing.

Are you allowed to audiotape or videotape this medical assessment?  As background, readers may wish to review our September 15, 2010 blog.

A recent and important analysis of this issue is found in Adams v.Continue Reading

Scope of Rule 53.03 > Use of Accident Benefits Experts in Your Tort Lawsuit

After being involved in an Ontario car accident, you will likely apply for Accident Benefits under our no-fault regime.  You may claim for income replacement benefits, medical and rehabilitation benefits (i.e. physiotherapy, chiropractic treatment, massage, acupuncture, prescription medications etc), attendant care, re-training or vocational assessment benefits or other benefits.

After you apply for the benefit, your Accident Benefits insurer may seek to test or evaluate your request, by sending you to be examined at an independent medical examination (i.e. IME) by a medical practitioner of their choosing. … Continue Reading

Being Examined by an Insurance Doctor > Videotaping the Assessment

There has been a shift in Ontario in recent years, in the personal injury field of law, towards plaintiff counsel pushing for certain defence medical assessments of their clients being videotaped.

In Ontario, if you bring a lawsuit seeking damages arising from your injuries, then the defendant(s) in your lawsuit are entitled to generally to require you to submit to at least one medical assessment, by a doctor of their choice, in order to respond properly to your lawsuit. See Ontario Rules of Civil Procedure – Rule 33.Continue Reading

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Ontario Accident Benefits (SABS) – The Role of Doctors and Their Medical Assessments

If you are injured in a car accident in Ontario, you will likely have access to Ontario’s no-fault insurance benefits plan, which is the Statutory Accident Benefits Regime (SABS) or more commonly referred to as “Accident Benefits”.

When you claim Accident Benefits, you likely will be asked to undergo a medical assessment by a doctor or medical practitioner to evaluate your condition and provide an opinion as to your entitlement to Accident Benefits.

If you are assessed by a medical doctor at the request of the Accident Benefits insurer, is that doctor an expert or a fact witness?… Continue Reading