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
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
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.
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
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,
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
A plaintiff has already suffered serious personal injury and endured the financial hardship that accompanied it, not to mention the stress of a daunting court case. Your client should not also have to absorb litigation loan costs, which are clearly the responsibility of the insurance company. Insurance companies use delaying tactics, not to accumulate more information about the file to
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,
Despite Canada’s vaunted medical “safety net”, our hospital system is not very safe, and injured patients seeking redress face a years-long battle with little chance of winning. On top of that, plaintiffs – as taxpayers – often pay the defendant’s bill. Canada’s patient safety performance is below the OECD average of 37 developed countries. Canadian Institute for Health Information
We have interviewed many Ontario personal injury lawyers over the years, and there is a strong sense that auto insurance companies are increasingly likely to fight plaintiff claims. In earlier articles, we reported several factors driving this perception, including: Ontario legislative changes over the years allowed insurers to “bully” plaintiffs Adjusters used to be independent but now tend to
