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About Jeffrey Gottheil

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So far Jeffrey Gottheil has created 36 blog entries.

Broad range of “shadow” pandemic disability claims anticipated

Disability lawyers can expect continued demand in 2022 from various COVID-related issues. We have recently written articles about the denial of disability insurance claims related to “long-haul” COVID-19 symptoms. The “shadow” pandemic includes other lingering health issues that will affect short-term disability (STD) and long-term disability (LTD) insurance claims. According to the 2021 Benefits Canada Healthcare Survey, more than half

2022-05-05T13:26:17-04:00May 5th, 2022|

Auto insurance across Canada – UPDATE

The Insurance Bureau of Canada recently released their annual fact book. This includes a cross-Canada comparison of auto insurance systems, summarized here plus our update for Alberta. Quebec and Manitoba have government-run pure no-fault insurance regimes, with no right to sue for pain and suffering, nor for economic loss in excess of no-fault benefits. British Columbia’s new no-fault system

2022-05-05T13:28:03-04:00April 7th, 2022|

Heads up: Half of defence lawyers expect to be busier next year

Insurance Business Canada recently released the results of a large nation-wide survey of insurance companies and the lawyers they retain. The good news for plaintiff lawyers is that half (47%) of defence lawyers expect more work in the coming year, so you can too. The other half anticipates the same workload as this year; none expect their workload to decrease.

2022-04-07T11:29:54-04:00February 7th, 2022|

Litigation Loans For ODSP Recipients

If any of your clients are receiving Ontario Disability Support Program benefits while waiting for an insurance settlement for personal injury, they might qualify for a loan from Nudorra Capital. Nudorra can lend up to ten per cent (10%) of the claim’s value, under certain conditions. Please note that we cannot lend funds on a Structured Settlement. The key is

2022-04-07T11:07:26-04:00January 25th, 2022|

Add Ontario to the provinces reviewing auto insurance

In 2020, Alberta released a report that looked at auto insurance across Canada and in other countries. The panel of three experts recommended a no-fault auto insurance system, like that in British Columbia. This year, Quebec’s Panel of Experts on Automobile Insurance Contributions (Conseil d’experts sur les contributions d’assurance automobile) invited the public to voice their opinions on the amendments

2022-01-25T13:28:42-05:00December 20th, 2021|

Insurance changes make life harder for plaintiff counsel

A few years ago, we asked Ontario lawyers about the increasing difficulty of practising personal injury law, given the province’s changes to automobile insurance. Recent changes by the British Columbia and Alberta governments are creating similar problems for plaintiff personal injury lawyers in Western Canada. We interviewed Marc Spivak, a partner at Devry Smith Frank LLP in Toronto, for our

2021-11-09T14:17:04-05:00November 9th, 2021|

COVID-19 “long-haulers” face disability insurance difficulties

A growing number of people report serious long-lasting, debilitating effects from the COVID-19 virus weeks and months after infection.  These people are known as “long-haulers”. Long-haulers are characterized as those who have been sick with COVID-19 symptoms for one month or more and continue to experience the impact of the virus in every aspect of their daily functioning.  The number

2021-09-08T17:45:50-04:00September 8th, 2021|

Could ICBC changes spread across Canada?

Provincial governments across Canada are constantly looking for ways to reduce auto insurance rates. To do this, they have tried public and private insurance regimes, changed coverage and benefits, or instituted tribunals to streamline legal systems. British Columbia’s latest changes could tempt other provinces to significantly reduce injured plaintiffs’ access to justice. In 2020, BC’s NDP government introduced Bill 11,

2021-03-25T13:27:09-04:00March 25th, 2021|

Canada’s Courts were Backlogged before the COVID Crisis

For several years, personal injury lawyers representing plaintiffs have told us many reasons that cases take too long. Litigious insurance companies, requests for overly detailed medical reports, centralization of adjusters, armies of experts, and defence counsel delaying tactics have all been mentioned. In addition, the court systems in many provinces have suffered systemic problems for years. In British Columbia, a

2021-02-24T14:45:23-05:00February 24th, 2021|

Are Motor Vehicle Accident (MVA) Injury Tribunals Fair?

Two provinces now have tribunals to handle some aspects of insurance disputes involving MVA personal injuries. British Columbia’s Civil Resolution Tribunal (CRT) was set up in 2016 to remove some small claims from the provincial court and some disputes from the B.C. Supreme Court. In 2019, the Attorney-General also moved minor personal injury claims (up to $5,000) out of court

2021-01-29T15:52:11-05:00January 29th, 2021|
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