Blog2022-01-25T13:33:30-05:00
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Nudorra Blog

Personal Injury and Litigation Blogs

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

FSRA Disciplines Health Service Providers

The Financial Services Regulatory Authority of Ontario (FSRA) regulates the billing and business practices of licensed Service Providers (SPs) who receive direct payment from auto insurers under the Statutory Accident Benefits Schedule (SABS) through the Health Claims for Auto Insurance (HCAI) billing system. SPs include clinics providing medical and rehabilitation services, and assessments and examinations providers. All SPs must submit requests and billing for goods and services via HCAI, but

Insurers Need to Recognize Chronic Pain as a Disabling Disease

Since 2019 the World Health Organization has recognized chronic pain as a disease, but insurance companies have not kept up with the times. This is important knowledge for personal injury lawyers who have many plaintiff clients involved in MVA and disability cases who suffer long-term pain.Pain is chronic when it lasts more than three months. Chronic pain affects women slightly more than men, is associated with other diseases such as

Big Auto Insurers Are Litigious And Have Regulatory Clout

Personal injury lawyers should be concerned about the growing market concentration of large auto insurance companies, the largest insurers’ propensity to litigate, and their influence in the Financial Services Regulatory Authority of Ontario (FSRA). Big insurers keep getting bigger and more litigious About 20 years ago, the top ten property & casualty insurers accounted for approximately 10% of the total market. That percentage grew to 33% in only five years,

Rental Vehicle “Insurance” Isn’t Always Insurance

Personal injury plaintiff counsel assessing the merits of a motor vehicle accident (MVA) can find the case complicated if a rented vehicle is involved. Whether the injured person was the driver or passenger in a rented vehicle, or was struck by a rental, raises a host of issues. In Canada, purchasing additional auto insurance from a rental company is not mandatory. Like standard auto insurance, this type of coverage is

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