Our Newsletter

We are very excited about our firm’s ongoing success. We are continuing to grow with more lawyers and support staff joining us …read more
We are delighted to announce that Rose Leto has been offered Partnership with our firm. Congratulations Rose, we look forward to your many years of continued success …read more
Called to the bar in 1970, Gary Neinstein has been practicing almost exclusively in personal injury law from the start. He has always been a champion for the underdog. He has fearlessly advocated for survivors of trauma, and earned a reputation as a tenacious trial lawyer…read more
Greg Neinstein chaired another successful event. On June 14, 2012, legal and rehabilitation professionals, caregivers, family and friends gathered to raise awareness of brain injury by participating in the 8th Annual Mix and Mingle for Brain Injury…read more
We are proud to announce Stacy Koumarelas as the newest partner at Neinstein. Stacy has established herself as a diligent lawyer, skilled negotiator and dedicated mentor…read more
As the year ends, we wish for you and your family much health and happiness. May you have a festive season and great success in the New Year…read more
Once again, the Liberal government has quietly, without any input or debate from various stakeholders, such as plaintiff lawyers, health care providers and above all accident victims passed legislation that radically changes and restricts our clients’ ability to claim Attendant Care and Medical & Rehabilitation Benefits…read more
In “Brown and Commonwell Mutual Insurance Group”, the insurer demanded 5 in person assessments in response to our client’s application for catastrophic benefits (OCF­19). Greg Neinstein and Sebastian Gallagher rejected this approach and stated that this was a legal test…read more
This year’s holiday initiative was inspired by the spirit of doing a Mitzvah, the Hebrew word meaning a good deed or an act of human kindness. The idea was simple: to spread warmth to those who would be needing it most this season…read more
Neinstein LLP is excited to announce that Duncan Embury has joined the partnership and will be heading our Medical Malpractice Group…read more
Once again, Neinstein LLP is honoured to be nominated by Canadian Lawyer Magazine as one of Canada’s Top 10 Personal Injury Law Firms. This survey highlights firms from across Canada who have showed exemplary service throughout the years…read more
Yesterday, Finance Minister Charles Sousa announced further restrictions to Accident Benefits coverage in Ontario…read more
The Ontario government is proposing reducing accident benefits. Victims of a car accident will face more suffering if the Ontario government’s changes to cut auto insurance benefits are made…read more
Neinstein is proud to announce our partners recommended by the Canadian Legal Lexpert Directory…read more
Neinstein LLP wishes you a warn holiday seasons and a prosperous New Year…read more
Neinstein Personal Injury Lawyers is excited to announce the launch of our new website! We are very proud of our team of lawyers and the quality of work that we provide.…read more
Neinstein Personal Injury Lawyers is proud to announce that Gary QC., Greg, and Jeff Neinstein, and Duncan Embury have been voted into the 2016 edition of the prestigious Canadian Legal Lexpert Directory.…read more

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Will Your Homeowner Insurance Cover Bullying Offences?

Homeowner insuranceThe Ontario Court of Appeal was recently faced with this interesting question in Unifund v. D.E. et al. In this case, Mr. D.E. had a homeowner insurance policy with Unifund, which included liability coverage for actions that cause unintentional bodily injury.

Mr. D.E.’s daughter allegedly bullied a fellow grade 8 student causing her physical and psychological injuries. Mr. D.E. was a named defendant for his failure to control his daughter.

In an application, Mr. D.E. requested that his homeowner insurance policy defend and indemnify him pursuant to his policy; however, his policy contained an exclusion clause whereby Unifund would be entitled to deny coverage for “failure of any person insured by [the] policy to take steps to prevent sexual, physical, psychological or emotional abuse…”

In the initial application, the court held that Unifund was obligated to defend and indemnify as the exclusion clause did not clearly indicate whether the failure to prevent physical and psychological abuse was intentional or not. On appeal, the Court of Appeal disagreed and stated the exclusion clause was not ambiguous and directly aligned with the allegations set out in the Statement of Claim. At trial, should D.E. be found to have failed to prevent physical or psychological harm, that finding would bring his actions squarely within the exclusion clause. In the end, it was held that Unifund did not have a duty to defend or indemnify D.E.

This case underscores the importance of how contracts are worded and interpreted by policyholders and by the courts. Prior to purchasing a homeowner insurance policy, or automobile insurance policy, it is important to speak with a lawyer to ensure you understand all provisions in the policy and how they can affect your coverage moving forward.

Surviving the New Statutory Accident Benefits Schedule (SABS)

As you may be aware June 1, 2016 marked the start of significant change to the Statutory Accident Benefits Schedule and the benefits injured Ontarians can receive.

As a result of these changes we in the legal community along with the medical community need to put on our creative “thinking caps.”

How do we effectively use the minimal Medical and Rehab funds when someone is initially Non-Catastrophic ($65,000.00 in Med-Rehab benefits and Attendant Care benefits combined when it used to be $86,000.00) but serious enough that they will eventually be Catastophic ($1 million in Med-Rehab benefits and Attendant Care benefits combined versus $1 million for each pre-June 1, 2016)?

One idea is to use community team members in multiple roles thereby cutting rehab costs – for example the Occupational Therapist.  Occupational therapists are an invaluable addition to an injured person’s team.  They work on a variety of goals both in the community and at home, assist with cognitive therapy and encourage rehabilitation through the performance of activities required in daily life.  Along with this role I believe that O.T.’s are going to be asked to step into the role of Case Manager as well.  This cost cutting measure will not only assist in reducing some of the fees associated with Case Management (which is not covered unless someone is deemed Catastrophic) but will ensure that the client is not suffering from the reduction in benefits that we are now faced with.

One way an O.T. can assist clients under the new regime is to attend Medical and Specialist appointments with their clients.  Traditionally this has been the role of the Case Manager and in my opinion it is invaluable.  For a client to have an advocate with them at these appointments is essential to truly understand their injury and provide guidance with regard to their current therapy and future needs.

Regular updates from the Occupational Therapist can also assist the client’s legal team and would minimize the need for lengthy Case Management reports.

To be clear I am not minimizing the need for Case Management as I believe this is a vital role in the proper management of Catastrophic clients.  A good Case Manager helps guide the client and their family through the long healing process.  However prior to someone becoming Catastrophic and with the reduced benefits we are dealing with, it simply makes sense to stretch the insurance dollar as far as possible.

While we all tread lightly onto this new road of rules it will be essential to continue with the creative thinking in order to be cost-effective at any and every corner.

Organizations we support

Personal Injury Lawyers Toronto - West Park Healthcare Centre Logo - Neinstein
Personal Injury Lawyers Toronto - Autism Speaks Canada Logo - Neinstein
Personal Injury Lawyers Toronto - Sunnybrook Health Sciences Centre Logo - Neinstein
Personal Injury Lawyers Toronto - Put Up Your Dukes Fighting The Battle Against Mental Illness Logo - Neinstein
Personal Injury Lawyers Toronto - Sick Kids Logo - Neinstein
Personal Injury Lawyers Toronto - UHN Toronto Rehabilitation Institute Logo - Neinstein