Personal Injury and Litigation Blogs
ICBC in Hotter Water
Personal injury plaintiffs’ dissatisfaction with the Insurance Commission of British Columbia is mounting. In previous articles over the years, we have reported on many problems with this insurer. Several constitutional challenges have been levelled: In 2021 the Chief Justice of the Supreme Court of British Columbia struck down key provisions of the Civil Resolution Tribunal Act. This was the second time in 18 months that the government’s ICBC reforms were
Employee Health & Drug Trends in Canada
Personal injury and disability lawyers in Canada need to stay abreast of trends in health treatments and drugs paid by insurers, to be up to date on potential plaintiff concerns and anticipate defence lawyers’ actions. Manulife reported recently that adult ADHD diagnoses are increasing. The insurer found a 24.5% annual increase in unique claimants for ADHD medication among people aged 18 plus. Among possible reasons that more adults were diagnosed
Changes to Canada’s Disability Support Programs
Personal injury and Family lawyers with disabled clients need to stay current with the federal and provincial support programs available. In many provinces, benefits for people with disabilities are supplemental to the basic social assistance programs. All the jurisdictions listed below have a monthly payment schedule. Federal The Canada Pension Plan Disability benefits (CPPD) provide financial assistance to people younger than 65 who have contributed to CPP but can no
The Pandemic’s Massive Impact On Family Law
Canada’s family law system was in trouble before the COVID-19 pandemic, when the entire justice system was upended for months as courts sat idle during sweeping lockdowns under public health mandates, magnifying the problems. Courts are stymied by a lack of staff and judges. There were 79 vacancies for federally appointed Superior Courts and Courts of Appeal positions across Canada as of June 2023. The resulting delays are pervasive, infiltrating
The Earnings Pay Gap for Disabled People in Canada
It’s vital for personal injury lawyers to understand the future earning potential of their plaintiff clients. People with disabilities often face employment barriers, resulting in lower employment rates, a decreased capacity to work full-time, and therefore higher rates of involuntary part-time work. Recent amendments and a deadline pertaining to the Accessible Canada Act (S.C. 2019, c. 10) are also relevant to trial lawyers.Statistics Canada recently released a report on how much
Personal Injury Limits in Key Canadian Provinces
Personal injury lawyers are looking to provide services to motor vehicle accident (MVA) plaintiffs in other provinces. This article provides a brief overview of current legislation.Quebec and Manitoba have government-run pure no-fault insurance regimes, with no right to sue for pain and suffering nor for economic loss beyond the no-fault benefits.Saskatchewan also has a government-run system which lets motorists choose between a no-fault option (which is selected by more than
ODSP Changes in 2023
In September 2022 the provincial government increased Ontario Disability Support Program (ODSP) core allowance rates by 5%. As a result, the basic monthly benefit for a single person on ODSP went from $1,169 to $1,228, an increase of about $59 per month. Amounts available through the Assistance for Children with Severe Disabilities (ACSD) also increased by 5% in September 2022. Beginning in July 2023, ODSP core allowances and ACSD amounts
E-bike traumatic injuries are on the rise
Though the record-keeping on e-bike injuries is inconsistent, anecdotal evidence and media interviews with emergency, trauma, and orthopedic departments suggest a new magnitude of danger on bike paths and roadways. Personal injury lawyers in Canada need to be aware of this growing situation and the many – sometimes conflicting – provincial rules for e-bikes.Dr. Charles DiMaggio, director of injury research at New York University’s Langone Department of Surgery and author
Pandemic Radically Shifted Health Insurance Claims
Disability law practitioners need to understand how the COVID pandemic has changed the overall health of Canadians, which in turn has affected the types of long-term disability (LTD) insurance claims you can expect to be handling.Since the appearance of COVID-19, through lockdowns and into the return to “normal” life, the types and volumes of disability claims have changed significantly. Mental disorders lead claims overall, but new trends and impacts have
Deciding Fault in Self-Driving MVA Cases
If a “driverless” vehicle with a person at the wheel injures or kills someone, who – or what – is at fault?This is no longer science fiction or a mind experiment. Forecasts project 4.5 million self-driving cars on USA roads by 2035, which could translate to 500 thousand such vehicles in Canada. The Victoria Transportation Policy Institute in BC predicts autonomous vehicles (AV’s) will make up half of Canada’s new
