National Regulators Criticize Auto Insurers

The Canadian Council of Insurance Regulators (CCIR) is a national association of provincial and territorial governments. They recently released two related reports: their Annual Statement on Market Conduct (ASMC) and their Cooperative Fair Treatment of Customers (FTC) Review. These lay out the standards expected of insurance companies in dealing with their customers and provide data on how many insurers are

2022-06-10T15:27:20-04:00June 10th, 2022|

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

2023-03-01T16:38:29-05:00May 5th, 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.

2023-03-01T16:40:44-05:00February 7th, 2022|

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|

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|

ODSP and CERB/CSRB during the COVID-19 emergency

There has been some confusion about how the Canada Emergency Response Benefit (CERB) and Canada Emergency Student Benefit (CSRB) income programs will affect the income of Ontario Disability Support Program (ODSP) recipients during the COVID-19 crisis. For all ODSP applicants and recipients, CERB and CSRB payments must be reported, and are treated similarly to employment earnings: CERB: The first $200,

2021-01-29T13:54:48-05:00November 5th, 2020|

Will COVID Hasten the End of Civil Jury Trials?

With the resurgence of COVID 19, the Ontario Superior Court has suspended jury selection in the “hot spots” of Toronto, Ottawa, and Brampton for one month. All settlement conferences will be conducted over Zoom. Whether to continue jury trials in progress will be decided by the trial judge. In-person non-jury trials and other in-person proceedings (including civil matters) in these

2021-01-29T13:56:24-05:00October 1st, 2020|
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