Posts Tagged: insurance law
The IssueYou 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
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, 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
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
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
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.
Toronto Insurance Lawyer… Continue Reading
Premised on the need to fight fraud, Ontario Regulation 194/11 is being introduced effective July 1, 2011.
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
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