The Ontario government recently called for comment on proposed amendments to Regulation 461/96 (Court Proceedings For Automobile Accidents That Occur On Or After November 1, 1996) - Consequential Amendments to Vicarious Liability Limit as part of Bill 107, the Getting Ontario Moving Act (Transportation Statute Law Amendment), 2019.
As well, during the summer of 2019, the Ontario government, through the Ministry of Finance, sought public input on two key reforms of the Driver Care Plan that were included in the Putting Drivers First blueprint:
Public consultation papers provided additional information on the government’s plans regarding these reforms. Those papers can also be found here:
On September 16th, 2019, FOLA submitted our response to the Ministry of Finance consultation papers on catastrophic impairment limits and care, not cash default.
In 2016, David Marshall was asked to provide advice to the Minister of Finance on the development of further initiatives to reduce claims costs and uncertainty in Ontario’s auto insurance system with a focus on improving the efficiency and effectiveness of claims management in the system based on best practices in Ontario and other jurisdictions.
In particular, he was asked to focus on:
Coverage options; Comparable systems; Common traffic injuries; Medical examinations and assessments; Legal costs; Dispute prevention;
Engagement and education; and Evidence-based treatment protocols.
Mr. Marshall’s report laid out 35 recommendations.
In FOLA's 2017 response to the Marshall Report, we questioned whether Mr. Marshall’s conclusions, which derive from a questionable premise, would result in serious and negative unintended consequences and simply force government to act again in a few short years to “fix” another set of problems. In short, our submission recommended that the government shelve this report, let the 2015 and 2016 reforms and changes take root, let the Law Society examination of contingency fees and advertising take hold and continue to monitor the actual cost of claims and look more closely into who is profiting.
As first mentioned in the April budget, the Ontario government is undertaking a review of Ontario's auto insurance. You can access a brief backgrounder on the initiative by clicking the button below.