EFFECTIVE SEPTEMBER 1, 2010

The following are changes to the Ontario Automobile Insurance Legislation. The amendments will come into effect on September 1, 2010.  Neinstein and Associates is providing seminars on the changes.  Please contact Jinny at jinny@neinstein.com for further information.

POSITIVE CHANGES:

• Elimination of the deductible in fatality claims
• No reductions to the Accident Benefits available to Catastrophically injured claimants
• Expansion of the definition of Catastrophic impairment to include single limb amputees

NEGATIVE CHANGES:

• Reduction in the interest rate payable on overdue Accident Benefits from 2% to 1%
• Availability of in home assessments would be limited to seriously injured claimants and would only be used to evaluate their need for attendant care services and home modifications
• Elimination of Section 42.1 of the Statutory Accident Benefits Schedule which allows claimants to obtain an assessment from their own medical specialist to comment on an Insurerв_Ts Examination
• Medical and Rehabilitation limits reduced from $100,000.00 to $50,000.00 for non-catastrophically injured claimants
• Attendant Care limits reduced from $72,000.00 to $36,000.00
• Elimination of Housekeeping and Caregiver Benefits
• Future care cost reports would not be an expense recoverable under the SABS
• Assessment costs and the fee for completion of forms would be capped at $2000.00 and $200.00 respectively в_” in addition these amounts would be deducted from a claimants Medical and Rehabilitation benefits
• Claimants who suffer minor injuries would be entitled to $3500.00 worth of treatment and assessments

SOURCE:

http://news.ontario.ca/mof/en/2009/11/ontarios-proposed-auto-insurance-reforms.html

The Ontario Court of Appeal released a significant decision protecting the rights of Plaintiffs to seek compensation for injuries suffered outside of Ontario.

In Van Breda et al v. Village Resorts Limited et al, the Plaintiffs, represented by Neinstein & Associates were challenged by foreign Defendants (Superclubs) after they were sued in Ontario for devastating injuries sustained by Ms. Van Breda while vacationing at their resort in Cuba. Superclubs operated the Cuba resort and were based in the Cayman Islands; however the Plaintiffs contracted to visit the resort through the foreign Defendants’ agents in Ontario.

The Court of Appeal upheld the ultimate conclusion that Ontario is the proper jurisdiction for Ms. Van Breda’s claims to be pursued.

Neinstein & Associates continues to show its commitment to do whatever is required to advance their clients’ claims.

Pedestrians critically injured on GTA city streets over the last couple of weeks have one injury researcher suggesting a law-and-order solution: make traffic enforcement a top priority.

In the first month of 2010 alone, 12 pedestrians have died in traffic accidents in greater Toronto.   Click here for the full story.

If you or a loved one has been injured in a pedestrian/motor vehicle accident, you need to be informed of your rights.  Contact us for a free no obligation consultation.

Drive & walk safely!

The federal government is earmarking up to $50 million to match Canadians’ donations to charities aiding relief efforts in earthquake-ravaged Haiti.

Click here for the complete story about how the government will match your donation to Haiti Relief or…

For a list of trusted organizations taking donations for Haiti relief visit How To Help.

By now everyone has heard about the catastrophic events that are happening in Haiti right now.  The people of Haiti are in need of major AID and HELP A.S.A.P.  Death toll is feared to be over 100,000 including Canadian casualties.  So far reported, a missionary nurse from Ontario who had only landed hours before the quake, and a couple from Montreal.

If you have a cell phone with Rogers or Fido text the word word ‘HELP’ to 1291 to make a $5 donation which will be charged directly to your phone bill.

An Ontario law has come into effect Monday October 26, 2009 making it illegal for drivers to use hand-held cellphones, BlackBerrys and other electronic devices while behind the wheel.

Drivers are forbidden to use hand-held devices to talk, text or email while behind the wheel, or to use portable video games or DVD players.

The only exception to the ban is a 911 call.

Hands-free cellphones remain legal, and global positioning systems (GPS)are allowed if they’re secured to the dashboard.

The Ministry of Transport said the ban is needed because driver distraction is a factor in 20 per cent of all road accidents.

Starting Feb. 1, drivers could face fines of up to $500 if they’re caught violating the ban. There are no demerit points attached to the law.

Police will be warning motorists for the first three months to stay off the phone instead of handing out tickets. But drivers can still be charged under existing dangerous or careless driving laws, which have fines of up to $1,000, six demerit points, a driver’s licence suspension and possible jail time.

A survey released in September showed that about 92 per cent of Ontario drivers intended to obey the law.

Newfoundland and Labrador became the first province to ban the use of hand-held cellphones in 2003, while Quebec and Nova Scotia both moved earlier this year to stop drivers from using hand-held cellphones. Similar legislation has also been introduced in British Columbia.

Saskatchewan and Alberta have also announced their intentions to table similar legislation this fall.

More than 50 countries and jurisdictions around the world have banned cellphone use while driving.

Source: CBC.ca

The Office of Commissioner of Review Tribunal (OCRT) has announced changes to the way it administers the Old Age Security (OAS) and Canada Pension Plan Disability (CPP) Appeals. The changes focus on the way in which the appeals are handled prior to the Tribunal hearing and include: earlier contact and an acknowledgement telephone call to confirm receipt of the appeal by the OCRT; earlier notification of Tribunal hearing dates; and written confirmation of all communications between the OCRT and the claimant. The main change however, is with the material provided by the OCRT to the claimant and the Tribunal panel. The material will now be divided into two files: one with documentation submitted prior to the appeal and the other with documentation submitted to the OCRT after the appeal. (more…)

We are pleased to announce that Greg Neinstein was successful at the Financial Services Commission of Ontario and once again protected the rights our clients. (more…)

Ontario is proposing a ban on the use of hand-held devices to talk, text or e-mail while driving.

Under a bill to be introduced this afternoon, police would be able to charge drivers who use a hand-held cell phone, send email or text messages, or use other hand-held electronic devices while driving. The use of hands-free devices would be permitted. (more…)

Neinstein & Associates lawyers have been fielding a number of inquiries regarding the listeria outbreak. (more…)