Personal injury lawyers acting on behalf of disabled clients are forced to routinely navigate a myriad of insurance company procedural roadblocks designed to make it more difficult for legitimate claimants to receive fair compensation. Some tactics can be more frustrating than others and can delay the resolution of a long-term disability claim by months or […]
Superior court ruling may help improve insurer transparency Read More »
By Tony Poland, LegalMatters Staff • Property owners must be constantly vigilant to ensure premises are safe for visitors, says Barrie-area litigator M. Steven Rastin. “Under Ontario’s Occupiers’ Liability Act those controlling a property must do what is reasonable to ensure that all visitors are safe,” says Rastin, senior counsel at Rastin Gluckstein. “The Act
Property owners must be proactive to ensure premises remain safe Read More »
By Tony Poland, LegalMatters Staff • A recent Superior Court of Justice decision dismissing a long-term disability (LTD) claim because it fell outside the limitation period is an important reminder to act expeditiously when filing a lawsuit, says Barrie-area litigator M. Steven Rastin. “The message here is don’t wait to issue a claim. When it
It is important to act expeditiously when filing a lawsuit Read More »
By Tony Poland, LegalMatters Staff • The proliferation of professional expert witnesses has become an impediment to Ontario’s justice system, says Barrie-area litigator M. Steven Rastin. However, he says he is encouraged by an increased willingness of judges to act as gatekeepers to limit unworthy expert testimony. “Trials in Ontario take longer than most other jurisdictions,”
Courts can benefit from limiting unworthy expert witness testimony Read More »
By Tony Poland, LegalMatters Staff • A troubling Federal Court judgment calling on the federal government to fill the large number of outstanding judicial vacancies “speaks to a justice system in crisis,” says Barrie-area litigator M. Steven Rastin. Federal Court Justice Henry Brown made note of the high number of judicial vacancies across Canada and
Federal government urged to take action on judicial vacancies Read More »
By Tony Poland, LegalMatters Staff • The federal government’s Canada Disability Benefit (CDB) – intended to enhance the lives of Canadians by reducing disability-related poverty – is an excellent idea in theory but it requires safeguards to ensure it does not create an unintended and undeserved windfall for insurance companies, says Barrie-area litigator M. Steven Rastin. “There is a direct
Canada Disability Benefit should not be a windfall for insurers Read More »
By Tony Poland, LegalMatters Staff • A long-term disability (LTD) insurance case involving a woman wrongfully denied benefits even though she suffered from a serious brain bleed was recently awarded almost $3 million in damages, past benefits and court costs and could be a “game changer for disability litigation” says Barrie-area litigator Steve Rastin. In Baker v. Blue Cross, a jury ordered Blue Cross Life Insurance Company of
Cost award like a ‘bomb going off in the world of LTD litigation’ Read More »
By Tony Poland, LegalMatters Staff • A disturbing narrative is circulating involving Licence Appeal Tribunal (LAT) adjudicators who have allegedly rendered insurance-friendly decisions and then accepted offers of employment from insurance companies. In one case, the Ontario Trial Lawyers Association (OTLA) has alleged that an adjudicator rendered numerous decisions in favour of a specific insurer
LAT conflict of interest concerns need to be addressed Read More »
By Tony Poland, LegalMatters Staff • Insurance company defendants may be awarded costs, in certain circumstances, if an injured plaintiff loses their case at trial. Losing in a civil trial is not as simple as it may appear, says Barrie-area litigator Steve Rastin. Many plaintiffs are actually awarded significant damages by juries, but still end up “losing”
Cost awards shouldn’t be profit centres for insurers: Rastin Read More »
By Tony Poland, LegalMatters Staff • Barrie-area litigator Steve Rastin says he is hopeful the Supreme Court of Canada (SCC) will agree to weigh in on a recent court of appeal decision that he believes could have a detrimental effect on insurance claimants if it is not reversed. In Varriano v. Allstate Insurance Company of Canada, the Ontario
Insurance claimants could benefit from SCC intervention Read More »
