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Andrew Murray's Archive

A summary of proposed changes to the definition of Catastrophic Impairment

Anyone injured in an auto accident is entitled to claim accident benefits to help pay for expensive therapies, rehab, personal care, and related treatments. The ability to advance a claim depends entirely on the severity of the injury. Right now there are three levels of coverage – minor injury, serious injury, and catastrophic injury. Future […]

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Victims face new fight for benefits

Suffering chronic pain, Brad Phillips knows what his life would be like if he didn’t have money won from his insurance settlement. View Article

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Proposed Changes to Catastrophic Impairment Definition – A Timeline

Winter 2010/11 – The Superintendent of the Financial Services Commission of Ontario FSCO on his own initiative struck a committee made up of hand-picked medical experts with the request that they make recommendations to change the longstanding definition applied to injured car crash victims who sought the CAT impairment definition. Spring 2011 – The Expert […]

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The fight over serious pain

Seriously injured crash victims will have a tougher time getting money to help get better under changes the province is considering, a London lawyer warns. A panel from the Financial Services Commission of Ontario is recommending insurance changes that would reduce the number of life-altering injuries that would be deemed catastrophic. If the changes are […]

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Optional Statutory Accident Benefits – What You Need To Know

On September 1, 2010, a number of significant changes to auto insurance in Ontario took effect, which dramatically reduced the benefits available when someone suffers a personal injury in an automobile accident.  Now, benefits that were part of the standard policy of auto insurance have been shifted instead onto a menu of numerous optional benefits, […]

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Court gives civil lawyers reprieve from dismissal threat

At least one Ontario court location has decided not to implement Rule 48 of the Rules of Civil Procedure this month after concerns about bureaucratic red tape and confusion over its wording cast a chill over the change that threatened to cause dismissals of a wave of civil actions. Rule 48 first surfaced in October […]

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Emerging trends in Ontario’s accident benefits

With seven months under their belts since significant new changes to the Statutory accident Benefits Schedule SABS) were introduced in Ontario last September, lawyers, adjusters, health care providers and accident victims are only beginning to see the real life consequences of the new SABS.

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The Law of Expert Evidence: What Every Prospective Expert Witness Needs to Know

This paper, and the National Expert Witness Academy lectures and workshops, focus on experts who will be giving evidence, but it is worth noting that there are certainly other roles for an expert to play.

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Expert Reports and Cross-Examination

This paper supplements the panel discussion that I am having with Harry Brown, who brings a defence perspective, and Dr. Harold Becker, a preeminent medical expert particularly in the area of catastrophic impairments. I represent the plaintiff perspective in this discussion. Our panel discussion is meant to focus on the recent case law dealing with the retaining and communicating with expert witnesses, tips and tactics for the preparation of your expert for trial, and "killer cross-examinations". That is a lot of material to cover in a one-hour panel discussion, so it is my hope that this paper might say some of the things that I won't get a chance to mention during our lively debate and discussion.

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Mastering the MVA Juggling Act: Getting the Best AB and Tort Settlements for Your Client

Beginning with the OMPP back in 1990 and certainly continuing through to the current Bill 198, motor vehicle litigation demands that the accident benefit file and the tort action be coordinated, "hand in glove", with one another. This paper explores some of the current considerations I bring to my own plaintiff practice.

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