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Archive for October, 2007

Cease and Desist Order by FSCO re Roland Spiegel

Thursday, October 25th, 2007

FSCO has issued a cease and desist order against a SABS paralegal named Roland Spiegel.  This Order was recently challenged by Mr. Spiegel and the FSCO tribunal upheld the Order.  The decision can be found by clicking on the following link:
http://www.fstontario.ca/english/decisions/paralegal/R0301-2007-1.pdf

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Arbitrator Awards Attendant Care

Monday, October 22nd, 2007

By Donna Ford from Claims Canada, August/September 2007
David McMichael admits to using cocaine before the accident, but claims he only used crack cocaine for the first time after a failed attempt to return to work following the crash.
David McMichael was a passenger in a taxi that was hit broadside in June of 1998. He was […]

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Slip-and-Fall Injuries: Are They ‘Accidents’ Under SABS?

Monday, October 22nd, 2007

By Donna Ford from Claims Canada, April/May 2007
 
Yes, says FSCO. But insurers hope for successful appeals against two recent FSCO arbitration decisions in slip-and-fall cases
Two recent arbitration decisions from the Financial Services Commission of Ontario (FSCO) are heading for appeal: Webb and Lombard General Insurance Company of Canada and Mariano and TTC Insurance Company Limited. […]

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Top court rejects two claims against insurers - Globe and Mail October 20, 2007

Monday, October 22nd, 2007

KIRK MAKIN From Globe and Mail, October 20, 2007 at 12:43 AM EDT
A Toronto motorist who suffered life-altering injuries when a boulder was dropped on his car by two intoxicated thrill-seekers cannot be compensated under their insurance policies, the Supreme Court of Canada ruled Friday.
The court said that it would twist insurance law and simple logic […]

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Rider v. Dydyk - Recent Court of Appeal Decision re costs and the deductible

Wednesday, October 17th, 2007

OFFERS AND THE DEDUCTIBLES: NEW COURT OF APPEAL CASE
This case will change the way in which we draft offers to settle in motor vehicle tort cases. Offers must now apparently reflect the actual damages being offered before the deductibles are applied. To take advantage of the cost consequences we will have to run the […]

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