Vioxx

We are preparing for next steps which follow the certification of the Vioxx Class Action for Canada. An order was made by Mr. Justice Cullity in February 2010 after the finalization of the dismissal by the Courts of the final appeals from the certification granted by the court.

We are reviewing each of our files and a letter will be sent after March 30 to all of our clients advising that there is a June 30,2010 deadline for the receipt of any and all forms opting out of the class action. A form will be enclosed for each of our clients with the letter, which, if completed, would have the effect of removing their claim from the class action with no right to re-enter it.   This means that where the person has opted out they are required to proceed with an individual claim in court which would not be limited to the amounts for class action settlement once reached. An individual case would carry with it the risk of what outcome will be reached in their case.  There is also a risk for the person claiming to be responsible for paying Merck’s legal costs in the event their claim is not successful.  Those who stay in the class action will have no responsibility for any legal costs but if and when the class action settles they would be required to accept an amount determined by a formula for compensation in the class action as approved by the Court.

If you choose to stay in the Class Action we will continue to represent you and do the necessary work to see that you receive the maximum entitlement under the circumstances of your case for any future settlement. If you choose to withdraw without us first advising you to do so, we will evaluate your  claim in great detail and advise you whether we are willing to proceed on your behalf with an individual case.  We will advise you sufficiently ahead of the deadline of our recommendation for you to assist you in deciding what to do. If we recommend proceeding outside the class action we will agree to continue to  represent you that way.  The cases we recommend for opting out will be ones with more serious heart attack or stroke injury, work disability, significant Vioxx use and fewest other cardiac risk or other negative factors.

For now:

1. Please send us a note by mail, fax or email to confirm all of you current contact information unless you have done so recently and there is no change.

2.  Please send us any prescription records or other documentation of Vioxx use that you have not already sent us.

3.  Please send us any updates as to medical or work disability condition changes from before and any new health issues related or not.

4.  Please send us any Death Certificate, Will, or Estate Probate documentation you have not sent us before if the Vioxx user is deceased. We will need to get instructions from the Estate Executor if there is one. Be aware that family members are bound by the decision of the injured party and can not split claims between the class action and outside of the class action.  Families should begin to discuss this and come to a decision together.

WE HAVE BEEN WAITING A LONG TIME FOR THIS STAGE IN THE VIOXX CLASS ACTION CLAIM.  THIS DOES NOT MEAN THERE IS ANY SETTLEMENT BUT WE HAVE MOVED A STEP CLOSER TO RESOLVING CANADIAN VIOXX CLAIMS.

Yaz and Yasmin are dangerous

Yasmin® and Yaz® are two similar birth control products that Bayer manufactures, markets, and distributes containing a fourth-generation progestin called drospirenone.  These leading products have been found to have very serious adverse affects and we caution women to study that carefully before beginning use of them.  The products are marketed by Bayer to young women as effective and as having other benefits like helping with mild depression and acne control as well.

Yaz and Yasmin can cause dehydration in the body which causes an increase in the potassium levels (hyperkalemia) and a decrease in the sodium levels (hyponatremia) in the body.  As potassium acts as a key control in cardiac rhythm, this imbalance can cause hyperkalemia arrhythmias, which, in turn can cause blood clots and thrombotic events such as stroke or deep vein thrombosis, pulmonary embolism, or heart attack. Dehydration is also a risk factor for kidney stones and gallbladder disease.
While other birth control pills can cause thrombotic events, the cause of those effects are from the estrogen side of the equation. The thrombotic effects of Yaz and Yasmin are from the progesterin side. While it has long been accepted that high estrogen levels can cause these adverse events, Yaz/Yasmin/Ocella have been marketed as having low estrogen levels, thereby having a lower risk for thrombotic events. There have been several studies that have called this into question.

Our firm now has clients with serious injuries and we are involved in court class action proceedings related to Yaz and Yasmin. Most of our clients have gall bladder issues but some have blood clots and we also represent a family where their daughter died of Pulmonary Embolism after using Yasmin for three months. A great number of individual court cases are proceeding in the United States and our firm has been retained in Canada to represent Canadians across the country with problems from these drugs.  We are working to get maximum compensation for each of our clients  with the class action and in separate law suits and  possibly in the US courts.  If you believe that you have suffered harm from Yaz or Yasmin contact Murray Miskin directly by email to miskinlaw@yahoo.com or call Anna at Extension 118 at our office.  We will send you our detailed questionnaire and assess whether you have a case once we have your detailed answers back. If we think you have a case we will represent you on a contingency fee basis so there will be no expense or risk to you.

In Canada claimants will have to decide before June 30, 2010 whether to accept the class action as the basis for their compensation or to opt out and seek compensation based on their individual case. We are ready to advise our clients and guide them through that decision making process.  Read our article at this website titled: “Attention Vioxx Clients”. If you have a serious Vioxx injury (to yourself or a family member) you need legal advice right away and should have a lawyer to represent you and help you decide what to do.  If you do nothing you will be part of the Class Action and will have to accept the compensation that it may or may not give you.  If you opt out by the June 30 deadline you may get more compensation depending on your case but you also will face a greater risk.

At some point a business decision will be made by Merck to settle claims outside the US, and Canada may or may not be early on Merck’s settlement agenda.  Merck can not be forced to settle and the road to trial is still a long one. Extreme patience is still required. The following paragraphs set out the history of the Vioxx case for Canadians until now:

Vioxx was a very popular, profitable and highly promoted anti-inflammatory drug manufactured by Merck and rushed to market in 1999 to compete with Pfizer’s similar drug Celebrex. When evidence, originally suppressed by Merck, came out about cardiac dangers the drug was recalled from the market September 30, 2004. At that time our firm sought out individual clients to make claims against Merck. Many of these claims are for fatal incidents where we represent the families of Vioxx users who died after using the drug. Across Canada a number of “class action” claims were issued by lawyers. Most of those lawyers who each act for a “representative plaintiff” are united in a national coalition with the primary court proceedings in Toronto, Ontario. We have worked with the class action lawyers to assist in showing the strength of the claims by Canadians related to Vioxx, but our focus has been on individual clients rather than participating directly in the class action Court proceedings in Canada. Claims were brought for some of our clients in the New Jersey court but those claims were not allowed to continue as a term for settlement of American claims.
Claims against the manufacturer Merck were disputed hotly and there were mixed trial results in the United States before a settlement was reached. Some cases were in the US Federal Court and some were tried in individual state courts. The American Vioxx settlement is being completed and we expect discussion of a Canadian settlement to follow the completion of the American settlement. There are a number of unusual situations which were not considered when the American settlement was agreed upon and there is some fine tuning to do before it is completed. This stage is likely to end before settlements in Canada and other countries will be considered by Merck. There has been a settlement this year of an American class action case to reimburse those who paid for Vioxx prescriptions but that does not affect individual injury claims. In the United States injury claims are not dealt with by class action. The Canadian class action in Ontario for people injured by Vioxx use was certified in 2008 but that was delayed by appeal in Ontario and to the Supreme Court of Canada until late 2009. Merck continues efforts to delay the proceedings until they are ready to talk. We expect to be in direct talks with Merck when that time comes. We are hoping this will still happen this year, 2010 and we are continuing our work towards that with our file preparation. With Merck there are a huge number of claims all over the world and the first three years after recall of the drug were ones where Merck denied any responsibility for the effects of Vioxx. This denial remains in effect in Canada but can not logically continue as U.S. cases settle. Recently, in Australia,  Merck lost the first Vioxx trial outside of the United States. We are still looking at pursuing individual settlements for many of our clients with others being part of a class action settlement. We will again be contacting each of our clients when it looks like there will be a Canadian settlement. To date there have been no developments related to possible Canadian settlement and our approaches to the company have been rejected as premature. An appeal of class action certification was finally dismissed.  On October 22 the Supreme Court of Canada put an end to Merck’s attempt to stall the class action due to inter-provincial conflict and confirmed the rejection of a separate Saskatchewan claim by that province’s appeal court.  The Ontario Divisional Court finally decided to dismiss Merck’s last appeal and deny further leave (permission) to Appeal in a December 7th decision by Madam Justice Denise Bellamy. That decision was not reported in the news and there is still little general knowledge that certification appeals are over.  On February 10, 2010 Mr. Justice Cullity updated the procedural orders related to the certified class action and we now have until June 30 to deliver notices for individual claims opting out of the class action.  This order was formally issued by the Court on March 5, 2010 with the opting out process to begin March 30, 2010. Only one newspaper notice was ordered to be given which was in the Globe and Mail newspaper February 27, 2010.  Most people with claims still have no idea that the Class Action is proceeding and that an important decision must be made and filed for individual cases by the end of June 2010.

We are working on our own strategy for settlement and for the procedure for advancing individual claims now that the class action certification is complete.  The lawyers for Merck in Canada appear to have clear instructions to simply continue to focus on delaying the class action proceedings in court for now. We will soon after March 30 contact all of our clients directly for instructions on opting out of the class action and we will report what we can about settlement and claims procedures here. Some of our discussions and our strategy must be kept confidential as this website is accessible to anyone. You may still contact our firm for representation now if you believe you have a Vioxx injury claim for yourself or a family member. Murray Miskin, March 17,2010

A QUOTE: “We try to remember that medicine is for the patient. We try never to forget that medicine is for the people. It is not for the profits. The profits follow, and if we have remembered that, they have never failed to appear. The better we have remembered it, the larger they have been.” George W. Merck II (1935)

Predicting the future real estate market: watch the US Dollar

Here we are in early Spring 2010 and the traditionally busy spring market for real estate is about to begin. This time it is different as it has been busy all through Fall and Winter.  Inflation has raised talk of interest rising soon and that should further heat up the market as people try to get low interest mortgages.  The market has been hot in our local areas of Pickering, Ajax and Whitby and other popular places close to the City of Toronto.  The mild weather and absence of snow in Southern Ontario certainly helped keep the market alive in the winter.  This busy winter market is unprecedented and the big question is how long will the real estate boom in Southern Ontario last. The Canadian economy has shown signs of  life and confidence is back. The sense of crisis has lifted and Canadian federal politicians returned to playing games in Parliament.  The Olympic glow is starting to wear off and it should not be long before someone triggers another Federal election. The economic crisis is far from over and unemployment is a very serious concern so the recovery in my opinion is a fragile one.  That has been overshadowed by a positive attitude. Confidence is strongly reflected in the Ontario real estate market which has recovered from the severe financial crisis and recession. Over a year and a half has passed since the crisis began and there is a general sense of relief with stock markets up and conditions being generally positive.  Fractional growth in the last quarter indicates that the recession is just barely over. There is also a huge Government deficit both Federal and Provincial which will take many years or major Government spending cutbacks to repay once the effort is made. Right now interest rates remain very low and incentives for first time buyers have brought new buyers to the real estate market. From September 2008 there was a severe slow down in real estate sales which continued until about May in the spring of 2009. There is some rush to be ahead of the proposed Ontario HST which will add provincial sales tax to the GST of new home purchases (over $400,000), real estate commissions and legal fees starting in July 2010.  The 905, 519 and 705 areas are already benefiting from the Toronto 416 Land Transfer Tax which adds considerable cost to a home purchase in Toronto  (except for first time buyers).
The auto sector is doing reasonably well now and jobs have been preserved at GM and Chrysler who were in bankruptcy situations. Ford has remained strong, their sales are solid and they are keeping most Ontario plants open. In Oshawa people at GM are working overtime and extra shifts to build new Camaros.  Impala production in Oshawa has been renewed along with new Cadillac models and the made in Oshawa Camaro continues to be produced below demand levels.  Toyota’s recent vehicle problems are likely to help GM as well. Oil prices are continuing with many fluctuations, their inevitable rise and the auto industry and the Canadian dollar is benefiting from the oil price recovery. The Canadian dollar has been rising lately in relation to all world currencies which is partly due to higher commodity prices but mostly due to the decline of confidence in the Euro.  The Canadian dollar is virtually at parity with the US dollar and oil prices are likely to continue to rise bringing it higher than the US dollar quickly.  In the US indications are that interest rates will not go up at all and this should keep rates from rising much in Canada despite statistics showing higher inflation. Recent inflation statistics show a rise due to higher auto insurance premiums and costs associated with the Vancouver Olympics and do not really indicate serious inflation problems developing.   With continuing low mortgage rates the real estate market in Ontario is likely to continue in its strength.  The February 16 announcement by Canada’s Finance Minister Jim Flaherty of tighter rules for qualification for an insured high ratio mortgage may have a small impact on the overall market and keep a few borderline qualified buyers out of the market but it will not likely slow down the current boom.

Condominium sales remain strong and fear of there being too many new ones being built appears unfounded. Partly the boom is a catch up from the dead market of last winter and early spring, but it is also a strong indicator that the real estate market is recovering and may remain strong. With winter gone early and ice starting to leave the lakes, this is a good time to start marketing for sale of a cottage. There has been little activity in the cottage market for two seasons but we predict a busier cottage season this year.  Lower priced cottages have been selling as have those with price drops.  Reasonable pricing is the key as the market has many cottage options in Ontario with a wide range of prices. The best cottage investments would be properties close to the GTA where the drive is not too far.  Buyers for all types of properties need to be cautious of overpaying and need to think of the future when they will have to renew large mortgages at a higher interest rate.

The hysteria over H1N1 Swine Flu ended and the seasonal flu did not appear either this winter. This has helped keep the economy in Ontario positive.  I predict that the Ontario, Canada real estate market will remain positive through the summer of 2010. Beyond that I do expect weakness but no “crash”. The Bank of Canada has signaled that interest rates may rise soon and other factors may hurt the market in the second half of 2010.  One of those factors is the proposed Ontario HST which will add Ontario sales tax to many costs in the housing market.   This expectation of higher rates and taxes heated up the market as buyers still try to get in ahead of changes. Most buyers now are locking into longer term low interest rates.  You still may save if you get a lower variable rate now and lock in later if the interest rates begin a serious rise which I predict will not happen in 2010 or 2011.  If they do, look out for a fall in prices of homes.

Miskin Law Offices are ready to assist you in home sales, purchase and mortgaging from our conveniently located Whitby and Peterborough locations. Our main office in Whitby is right next to Remax First Realty and has free parking out front in the center of downtown Whitby. We also have a  Toronto meeting place on with easy subway access and free underground client parking. Our expanded Peterborough office in Time Square at Hunter and Armour also has free parking for our clients.   Both Murray Miskin and our main real estate staff member, law clerk Arlene Nicholson, now live in Peterborough and are regularly at the Peterborough office in addition to being in Whitby. We will accommodate your needs when it is time to come in for your real estate transaction. Our fees are highly competitive and we are happy to explain them to you. Our standard fee is presently $650 on a purchase and $550 on a sale (plus GST and expenses). We are working on a new fee structure which will discount the fee if you are purchasing and selling as well.  We do not recommend closing a purchase and sale on the same day.  You will save much trouble plus moving costs if you close your purchase ahead of your sale. Bridge financing is very inexpensive too.  If you bring us an Agreement of Purchase and Sale before April 1, 2010 with a closing after HST comes in force in July we will discount our fee by the extra tax on it. Beware lawyers who quote a fixed price because there are almost always extra costs involved in the form of expenses such as registration charges and taxes. Almost always our price will be lower or we will agree to match the advertised fixed or “all inclusive” price of other lawyers. Very few lawyers can beat our personal service and reasonable cost for the legal work involved in real estate transactions. As part of our service we will review an offer before it is signed or made firm,  for our clients’ protection with no extra charge. Call Arlene at our office, Extension 119, with your questions.

Asbestos is a mineral that has been used as an insulating and fireproofing material for many years in a great number of products and in many buildings.  It has been mined in various parts of the world including Quebec.  It has been known for many years that asbestos is dangerous especially when fibres are inhaled. There are serious long term consequences of exposure to asbestos fibres.  Some of the most serious ones have only recently started to commonly appear.  The diseases include asbestosis, certain forms of lung cancer and the condition of mesothelioma.  Mesothelioma is a cancer of the lining of the lungs known as the mesothelium. Mesothelioma can develop 30 or even more years after even just a little exposure to asbestos.  These very serious conditions affect people who have worked with asbestos, had loose fibres in their workplace (even from or after asbestos removal) and people who have been exposed by their family members who may have come home from a hard days work with asbestos on their bodies or their clothes.  We have worked on tragic cases where children of parents exposed to asbestos have developed Mesothelioma and can be compensated.

Asbestos Compensation is Available

If a loved one has developed one of these conditions and is seriously ill or has died due to asbestos exposure it can be proven with medical records.  Doctors should be able to confirm causation by asbestos when the diagnosis is made. A biopsy is most effective. Compensation is available for Canadians from a number of U.S. trusts set up for that purpose.  This compensation is only open to people who live in Canada and the United States. To maximize compensation we need to know the source of exposure to asbestos for us to determine which manufacturers were involved and where claims may be placed. If a person has died from asbestos illness a number of years ago the available claims are limited by the delay in proceeding.

We do not handle claims related to removal of asbestos from homes or other properties nor do we sue employers for asbestos exposure or illness. We also do not take on cases involving fear of possible asbestos illness. We only handle cases involving people who have serious asbestos illness.

Contact Miskin Professional Corporation Law Offices

Contact the Miskin Professional Corporation Law Offices in Ontario for information on making a claim.  Email murray@adrworks.com or call 416-492-0989 from the Toronto area or 877-428-8000 from elsewhere in Canada. You can have us as your lawyers here in Canada and get compensation from the trusts set up to pay claims on behalf of the former asbestos manufacturers in the United States.

We are working closely in partnership with experienced reputable lawyers from the Locks Law Firm in Philadelphia to ensure that Canadians get fair compensation equal to what is available to Americans payable in US dollars. Usually, we determine the source of asbestos exposure to maximize the available compensation funds.   There has to be significant illness not just fear of future illness to make a successful claim. Cases are handled with contingency fee agreements which include a one third fee shared by the lawyers involved on your behalf.  That means you pay nothing until and unless money is received for your claims.  Settlements are in US dollars, which vary in value when converted to Canadian dollars. We include the tax in our share of the one third contingency fee so you will not pay extra GST or HST if you live in a Province where the harmonized tax applies.  We note that in Ontario this will otherwise add 8% provincial tax to legal fees starting July 2010.

Additional cases are being accepted and submitted from clients across Canada. Often we can get clients compensation from more than one settlement trust depending on the source of the asbestos exposure. We are starting to see some large cheques come in for our clients and faster processing of claims. If you are not eligible for Worker’s Compensation we can get you compensation. The right to bring a claim may be taken away or reduced by receipt of or application for Workers Compensation Benefits so do let us know details of any WCB or WSIB claims made when you first contact us. The Boards have brought U.S. claims for a number of Canadians through American law firms and where that was already done we can not bring a claim again.  Often the Compensation Boards keep all of the money that they recover from U.S. claims as reimbursement for what they paid to the injured worker. We are consulting with the Compensation Boards in different provinces to ensure that our clients actually receive maximum compensation from all sources. In some Provinces Workers’ Compensation Boards have allowed us to proceed directly for clients with claims to the asbestos funds where the Boards have rights to make those claims. Persons receiving benefits from Alberta Workers Compensation do not have a right to make a separate claim for compensation.

We are the leading firm representing Canadians in every province and territory injured by the drug Vioxx, and Murray Miskin has been a lawyer in Ontario practicing personal injury law for over 30 years. He has been familiar with asbestos and asbestos products since childhood as his father Nat Miskin was a Toronto plumber who worked with asbestos.  Murray’s first work with Canadian asbestos injury claims was in 1979 at the Phelan, O’Brien law firm as soon as he finished law school. We are settling asbestos claims now and getting compensation for our clients.  These are not lawsuits in court but are applications to compensation funds done with paper work and no personal appearances by clients. We will treat you and your family with compassion and get you results without added worry. There is no advance fee or financial retainer required and there is no risk to the client. The lawyers are only paid from the funds collected a contingency fee of one third of the recovery.

You may call our office and speak with Anna at Extension 118, Christine at Extension 112 or Murray at Extension 111 about your situation.  For a speedy response email details to Murray Miskin directly: miskinlaw@yahoo.com

People can be injured without car damage.

1. Any car accident is a traumatic event.  The first thing to do is make sure that you and everyone in your vehicle is okay and that there is no danger of fire or explosion that would make it necessary to immediately exit the vehicle.  If someone is unconscious or disoriented try to keep them awake until medical help arrives.  If there is no apparent danger of fire or explosion injured people should remain in the vehicle. If a person has difficulty moving it may cause further injury to move them without adequate precaution. This is particularly true for neck injury. Call 911 from a cell phone unless help is already there (or you are certain it is on the way) and report any suspected injuries and other needs.

2.  Identify the other vehicles immediately by making a note of the license plates. This is important in case someone leaves the scene before police arrive.  You should always have a pen and paper in your vehicle to write down information. If you have a camera of any type use it to take photos of the cars, people involved and the accident scene. Exchange information with the other drivers including vehicle ownership and insurance policy numbers.  Get contact information for witnesses on the scene. Do enquire into the well being of others involved and show your sympathy for the other people involved even if you are angry or believe them to be at fault. Avoid expressing hostility towards persons you believe to be at fault. If you are at fault you can say you are sorry it happened but do not explicitly admit fault for the accident. Your insurance company will deal with that issue if claims are made against you.  Do not argue with police if you are charged or if they fail to charge someone else you believe should be charged.  If you are charged consider your options during the time limit provided on the ticket.  A guilty plea is considered an admission that can be used against you in a civil case as well as affecting your insurance rates and driver’s license.

3.  If injured seek medical attention as soon as you know you have any injury. Injuries felt as minor on the scene can get much worse over the next 24 hours.  Many people do not notice any injury until hours or even a day after the accident.  Go to a Hospital Emergency ward, a walk in clinic or your family doctor as soon as you can. Do not wait more than a day to see your family doctor.  If you can not be seen soon by your own doctor go elsewhere and then see your own doctor as soon as you can. When you first seek medical attention be sure to mention the accident and what happened to you in it. Be ready for questions about seat belt use, airbags and any alcohol or drug consumption.

4. Report the accident to your own insurance company as soon as possible after getting necessary medical attention and if you have a broker call them first and they will assist you in reporting and dealing with the claim.  Look to your own insurance company to deal with damage to your vehicle and to provide “No Fault Accident Benefits”.  Ask for a set of no fault benefit claim forms for every person in your vehicle who was injured including children who appear to have minor injuries.  If it is not your vehicle involved in the accident contact your own personal insurance company about the benefits.  DO NOT CONTACT THE AT FAULT DRIVER’S INSURANCE COMPANY OR MAKE ANY STATEMENT TO THEM IF THEY CONTACT YOU.  Obviously if you believe you are at fault you should contact your own insurer and let them know truthfully what happened in detail. You have a duty to fully co-operate with your own insurance company.

5.  If there is serious injury known to you get legal advice soon after the day of the accident. If you are going to make a claim for injury compensation a lawyer will not require money in advance to make a claim for you. Most lawyers work on contingency fee basis where they charge a percentage of what they get for you. You need not worry about whether you can afford a lawyer. You should not have to pay for a first legal consultation to get advice. There are time limits for making claims so do not delay thinking you will get better.  Be aware of the time limits and make sure a lawyer will preserve your rights by filing a claim if appropriate.

6.  No fault benefits pay for loss of income a tax free benefit up to $400 per week. If you are losing significantly more see a lawyer to get compensation from the at fault driver’s insurer.  No fault benefits also pay any “reasonable” medical expenses not paid for by Government health insurance or any extended health coverage that you have. The system is complicated so do not be afraid to ask for legal advice.  Get a brochure from your insurer explaining what no fault benefits cover along with the accident benefit claim forms.  In cases of very severe injury a person may qualify for greater and longer term no fault benefits if they are found to have “catastrophic injury”. If that is suspected get legal advice on that rather than just accept what your insurer offers regardless of fault for the accident.

7.  If a family member is killed in the accident no fault benefits pays for funeral expenses and there may be other claims available where it is a good idea to get legal advice early.

8.  If the at fault driver has no insurance you can make claims against your own insurer based on the fault of the uninsured driver.  This is also true where the at fault driver is unknown (leaves the scene) or does not have sufficient insurance coverage. Your policy includes this coverage.  You should consult a lawyer about this.

9.  If you are a pedestrian or bicyclist you are entitled to no fault benefits from your own auto insurer or if you do not have one (or one for your household) the insurer of the vehicle that hit you.  See a lawyer regarding injuries in these situations.

10.  If you are from outside Ontario and you are injured in an Ontario accident or you are from Ontario and injured in another province or outside the country contact Miskin Law Offices who often deal with these complex cases.

11.  More advice will be posted here later and in response to questions or comments people make regarding this posting.

http:redcross.ca

Sorry

The December 7, 2009 issue of the Law Times newspaper included a detailed article on the impact of Ontario’s Apology Act.  For the article they interviewed Murray Miskin whose comments are noted in the extract below:

Ontario’s recent enactment of its Apology Act, introduced as Bill 108 and passed last spring, aims to allow professional organizations and individuals to simply apologize for incidents gone awry while waiving the confession as a bona fide admission of guilt.

The legislation essentially recognizes the need for people on the receiving end of an alleged wrongdoing to receive an apology — and perhaps a negotiated amount of compensation — from the alleged perpetrator while avoiding litigation.

The hope is that the legislation will lessen the propensity for people to sue for damages resulting from minor incidents and enable more serious cases that end up in the courts to reach settlements expeditiously.

But for years, associations for many professionals along with their lawyers, such as those in the health-care and insurance sectors, have advised practitioners never to apologize. The fear is that the other side would perceive such a move as an admission of guilt leading to litigation or a disciplinary hearing within the governing body.

In passing the legislation last spring, Ontario becomes the fourth province in Canada to enact such laws, joining British Columbia, Saskatchewan, and Manitoba along with a number of U.S. jurisdictions and
Australia.

Yet some industries that lawyers had expected to embrace the legislation haven’t yet adopted policies to acknowledge its advantages that could serve to avoid the cost of litigation in many cases, say lawyers.

“It’s a good piece of legislation with a good purpose,” says Murray Miskin, a lawyer and founder of a firm called ADR Works based outside of Toronto that focuses on alternative dispute resolution as a means to get settlements for clients.

He says the insurance industry is the ideal sector to benefit from the legislation, but so far major insurance companies, along with their lawyers, haven’t been implementing practices in conformity with it.

“They just haven’t yet absorbed the consequences of the act and how it could benefit them,” says Miskin, many of whose clients are people seeking compensation as a result of car crashes. “So the practice of litigation in the area hasn’t changed.”

He says in one matter he handled recently, a client told him that if the driver of a vehicle that caused the crash he was involved in had apologized at the time of the incident, he wouldn’t have sought legal recourse.
But the client instead went to Miskin’s office seeking to launch a lawsuit for his relatively minor injuries because the driver didn’t apologize.

“In most cases, a person would have to be seriously injured” in order to launch a lawsuit for damages, Miskin acknowledges. “But if the other driver doesn’t even say they are sorry, the first thing people think of is [to] sue.”
He suggests insurance companies could benefit by curbing their costs for litigation and even for claims if they informed consumers about the legislation.

“An apology is not an admission, and if people were encouraged to apologize within the provisions set out in the act, it does not mean you’re at fault, and under this act, the apology cannot be used against you in a lawsuit.”

You may read the full article at this link: http://tinyurl.com/ybwlqqd

Still looking for miskinlaw?

We have moved most of the content that was on the old adrworks website here to our new site. If you are looking for any of our old content not found at adrworks.com, including our fishing pictures, it was but is no longer available on the miskinlaw.com website.  We were unable to update that site and so we have removed it from the web. We may still recreate at adrworks.com the fishing pictures page which was very popular at our old website.  We still have the Miskin Law Blog at http://miskinlaw.blogspot.com but you will find more regular blog at Twitter http://twitter.com/miskinlaw

The human body is easily injured

INSURANCE AND THE LAW: Most people have insurance to protect in the event of unfortunate events. Car insurance is mandatory and is the basis for the many injury claims which  involve  court actions. If you are responsible for an injury to another person your liability coverage will defend you against claims made and pay those claims to the extent of your insurance policy limits when there is a settlement or a court finding of fault. Your insurance company has a duty to you as its insured to provide coverage as set out in insurance policies. Most personal liability is covered under either an auto or a homeowner (or tenant) policy of insurance. If your own property is damaged or destroyed and it is insured  your insurer will investigate the claim and if it is satisfied that the claim is a proper one and coverage exists it is to pay you to the extent of your coverage. The measure of damages and conditions, limits and exclusions are set out in your insurance policy which is a contract. Your insurer has a duty to be fair and reasonable in its dealings with you and handling of your claims. If it fails to do that and denies your claim for reasons which appear improper see a lawyer. If your insurer is treating you in a way you do not understand speak to your insurance broker who may advise you and if you have a serious concern consult with a lawyer. On February 22, 2002 the Supreme Court of Canada ruled in a case Whiten v. Pilot Insurance upholding a jury award to an insured by the insurer of one million dollars punitive damages on top of actual damages. In that case this Ontario insurance company (owned by Aviva) dealt unfairly with its insured who lived in Bancroft Ontario on a home fire insurance claim. The facts are extreme. This precedent setting case has resulted in insurers being more careful in how they treat their insureds. In similar cases against other insurers large punitive damage awards have been given. Cases where punitive damages are awarded in Canada are still uncommon and they require almost malicious conduct by the insurer. Contact a Plaintiff’s insurance law specialist for advice in situations which you think involve extremely unfair treatment by an insurance company. WE ACT IN A WIDE RANGE OF INJURY CLAIMS. YOU CAN AFFORD US WITH CONTINGENCY FEES. Murray Miskin is known in the legal profession and in the insurance industry for his expertise in Insurance Law. He is a past Chair of the Ontario Bar Association’s Insurance Law Section and the Canadian Bar Association’s National Insurance Law Section. He was Chair of the CBA’s National Sections Council for 2007-2009, a body co-ordinating all areas of legal practice in Canada. As Chair of National Sections, Murray just completed a two year term as a member of the Canadian Bar Association’s Board of Directors and its Finance Committee. As immediate Past Chair of National Sections he remains a member of the National Sections Executive actively involved. Since 1985 he has been the principal trainer of Arbitrators in Ontario and helped bring Mediation to prominence in Ontario as a primary method for resolving personal injury claims.  He served for many years as a Director and Vice President of the ADR Institute of Ontario. He is a prominent and well known lawyer in Canada, locally,  provincially and nationally. In his law practise, Murray Miskin works exclusively for people who have claims against insurance companies rather than for insurance companies defending such claims. If you have an insurance claim you need a lawyer who believes in you and is on your side like Murray Miskin or Michelle Brown of our firm. Michelle Brown is experienced at defending insurance claims from the time before she joined our firm but for the past four years she has been primarily acting for injured people making insurance claims. Michelle’s defence experience and insight into their methods has strengthened us in our skills used for bringing successful insurance claims. Michelle is a passionate advocate for people who is highly respected by defence lawyers and insurers for her skill and preparation. If you have an insurance policy for benefits to be paid in case of loss or injury and the insurer refuses to pay you may get a free first consultation to learn your rights. Do not wait because there are strict time limits for court claims under most policies. If your remedy is through the courts our firm can commence an Ontario court action on your behalf. If the claim needs to be brought in another jurisdiction a local lawyer there can be brought in by us when necessary. Murray Miskin, through twenty five years of active involvement in the Association of Trial Lawyers of America (now called the American Association for Justice) has a network of American lawyers and legal research facilities at his call in every U.S. jurisdiction. These are also lawyers who work for people’s rights and justice who will be on your side when brought into the case. This expertise has enabled us to assist Canadian “snowbirds” and others visiting the USA who have accidents or legal issues.  Similarly, Murray Miskin is frequently called upon by U.S. lawyers needing help with Canadian law or legal action that must be brought in Canada. Through the Canadian Bar Association Murray has developed a network of lawyer contacts across Canada and links with American lawyers involved in the American Bar Association. Murray also belongs to the Inter American Bar Association which includes lawyers in both North, Central and South America. TRUST YOUR PERSONAL INJURY ISSUES TO OUR EXPERIENCE. Some injury claims are dealt with by Public organizations such as Criminal Injuries Compensation and Worker’s Compensation. We sometimes handle claims to the Criminal Injuries Compensation Board but in many cases we will encourage people to apply on their own due to the limited compensation making it uneconomical to hire a lawyer. The Workplace Safety and Insurance Board (W.S.I.B.) used to be known as the Workers’ Compensation Board (W.C.B.). It is a government managed insurance scheme of no-fault benefits for persons injured while in the course of their employment. It is funded by employer premiums but the system has taken away the right to sue employers for compensation. This includes other employers than the injured worker’s own employer. The system is complex and bureaucratic so getting legal advice is a good idea. We often run into cases where there is an overlap between the right to sue and the right to claim compensation. In those cases the injured worker is allowed to “Elect” whether to receive benefits or sue. Always get legal advice before making a decision. Many legal claims against insurers are for personal injury through the negligence of another person or a company. Negligence involves a breach of a duty of care towards others including strangers. Usually such claims, legally called Tort Claims, are defended by insurers representing the person at fault and providing liability coverage to pay the claim. These claims are not against your own insurance but under the liability coverage of another person’s policy. That coverage is there to protect individuals from claims brought by others against them. If you are bringing such a claim remember you are not dealing with your own insurer and be more guarded. The first duty of the other insurer is to their own insured and not to you. For such claims a lawyer is usually necessary. If the other party has no insurance there may still be a remedy through insurance so please investigate with legal advice all serious injuries or other claims you may have. If you are injured in a motor vehicle accident, where you have your own insurer they are required to pay no fault accident benefits which are very important and may in serious injury cases amount to a large sum of money. Where there is very serious or “catastrophic” injury there are large sums of money available for life to a victim regardless of fault for the accident. If you do not have your own insurance these no fault benefits are still available. It is important to retain an experienced lawyer in catastrophic cases to ensure that full benefits are received and in some situations to have a fair settlement that is reasonably invested which could fund services and support for the victim. Put experienced trial lawyers on your side through the Miskin Law Offices. Now most cases are settled through negotiation, mediation or arbitration without court. That is a specialty area of Murray Miskin who is particularly effective because of his known court experience and record of persistence and success. FOR PERSONAL INJURY CLAIMS, WHERE IT IS LIKELY YOU WILL SUCCEED, WE DO NOT REQUIRE ANY PAYMENT IN ADVANCE OF SETTLEMENT, FROM OUR CLIENTS. WE UNDERSTAND THAT INJURED AND DISABLED PEOPLE USUALLY CAN NOT AFFORD TO OTHERWISE HIRE A LAWYER. HOME ACCIDENTS AND DOG BITE CLAIMS HOME INSURANCE POLICIES INCLUDE COVERAGE FOR LIABILITY CLAIMS BY PERSONS INJURED ON OR OFF THE OWNERS’ PROPERTIES. THIS INCLUDES A WIDE RANGE OF ACCIDENTS AND INJURIES CAUSED BY PETS OF THE HOMEOWNER. FAMILY MEMBERS RESIDING IN THE HOME MAY NOT MAKE CLAIMS UNDER THIS COVERAGE. Our office has dealt with very serious injuries by guests in homes including stairway falls, swimming pool accidents, and falls from decks. Persons who go to premises uninvited to make deliveries or visit can make claims for injury cause by falls on icy driveways, decks, pools and other incidents. Every kind of dog can cause serious injury by biting. Dog Bites are serious matters which traumatize victims permanently and leave horrible scars. Bites to children are especially upsetting. Some dog bites result in death or permanent disability. Our office has represented many dog bite victims and we never ask for a retainer or fee until such a claim is settled. In Ontario, the Dog Owners Liability Act imposes strict liability on dog owners for injuries caused by dogs with very few exceptions. We handle these cases on a contingency fee basis. Where a child is the victim we act on the basis that all legal fees are paid by the insurer who pays the full claim with no deduction of money paid for the child. Money for the benefit of children is held by the court and earns interest until the child is 18 years old. All settlements for children require court approval including approval of the legal fees paid. If a claim is made against you report it to your broker or insurer and they will handle it on your behalf and appoint and pay for a lawyer if one is needed. It is important to have adequate home insurance coverage even if you are a tenant to protect you from this type of claim. Ask your broker about Umbrella Policies which offer greater combined coverage for both home and auto claims. Our office represents people who make home insurance injury claims on a contingency fee basis. You may bring a claim against a friend or relative on their home insurance policy without harm to the person you are claiming against. Their insurance policy will cover them and unlike auto insurance their premium will not normally go up based on the claim. Hopefully they will understand the need for compensation and remember it is the insurance company who is responsible for defending and paying genuine claims. Auto Accidents: One of the most complex areas of legal practice in Ontario, Canada is now auto accident injury claims. This includes all injuries from accidents involving automobiles including injuries to pedestrians and bicyclers. Due to the “no fault” benefit system people must often look to their own auto insurer for much and sometimes all of their compensation. If they do not have auto insurance they can get these benefits from the insurers of autos involved in the accident. Where there are accident benefits in dispute there is a system of mandatory mediation with independent Government mediators who often help bring about a compromise or other settlement. It is important to have legal representation at mediation and all settlement agreements have a two day “cooling off” period where you may change your mind. If mediation fails to resolve a dispute you can choose to go court and sue or go to a privately paid or Government employed arbitrator. Private arbitration of accident benefit claims is rare because of the low cost and efficient service available through the Financial Services Commission of Ontario. The applicant insured pays only $150 to commence the process while the insurer must pay $3000. In the end a costs award may be made against either party so frivolous arbitration claims are not encouraged. Arbitrators are independent people who usually have experience and expertise in the subject area of the dispute. For accident benefits for accidents after October 31, 1996 that there is an option of private arbitration. The right to sue the at-fault driver or owner and their insurer has not been taken away but has been limited. That limitation which came into effect for accidents from June 22, 1990 was changed on January 1, 1994 and again on November 1, 1996. Further changes and limitations to the right to sue were brought in effective October 1, 2003. To understand your rights under any of the systems you need legal advice from an experienced lawyer whose focus in on this type of work. Your right to sue the at-fault driver in Ontario and accident benefits available to you has changed on the following dates: 1. Accidents before June 22, 1990. 2. Accidents from June 22, 1990 to December 31, 1993. 3. Accidents from January 1, 1994 to October 31, 1996. 4. Accidents since November 1, 1996. 5. Accidents since October 1, 2003… This is a modification by the former Harris/Eves Government from 4. above which defines a tougher threshold and increases the deductible on injury claims for pain and suffering from $15,000 to $30,000 with the intention of preventing most claims from proceeding. Very few injuries are serious enough to both pass the threshold and be greater than the deductible. If general damages for pain and suffering are assessed over $100,000 the deductible does not apply at all. This current system cuts back payment for specific medical treatments, eliminates Designated Assessment Centres and regulates paralegals. No fault benefits pay for lost income (80% of net pay) up to $400 a week and claims can be made against at fault drivers for those with higher income losses. Ontario’s Liberal Government of Dalton McGuinty has responded to pressure from auto insurers to cut back the availability of treatment under no fault benefits for all but the catastrophically injured.  Such a change would harm a great number of people and limit recovery from minor injuries which with proper care would resolve.  On November 2, 2009 it became public that the government has a new policy effective in one year that people can reduce their level of benefit coverage to reduce premiums or if they wish pay more for keeping current coverage levels or getting more coverage. We strongly encourage all Ontario motorists to maintain their current coverage or buy more not less. Unless you agree to an increase of accident benefits medical and rehabilitation coverage the limit will be reduced from the current $100,000 limit to $50,000.  Serious injuries need the higher level of coverage. There are other changes which make it easier for the insurers to administer policies cheaply and deny claims.

If your accident is one where you have the right to sue, or believe you do, there is a time limit for starting your claim in court. It is usually two years from the date of the accident but sometimes is less. It is important to give notice of your claim as early as possible and within four months of the accident if the accident is November 1, 1996 or after. Notice letters are usually sent by lawyers to meet the legal requirements which include disclosure of medical records and other documents once notice is given. Fault for an accident may sometimes be split between drivers and it is important to claim against all of the right people. The person charged by police is not always 100% at fault in a civil claim. If you are a passenger you may bring a claim against the driver even if it is your vehicle of a friend or member of your family driving. Some people are reluctant to being such claims, but should remember it is really the insurance company who responds to (and pays) the claim not their friend of relative. Lawyers meeting with injured drivers and passengers together must be careful to avoid conflict and sometimes can not represent or even meet with both. Where an accident is caused by an unknown, uninsured or underinsured driver there is usually a right to claim from your own or another insurer. Where there is no insurance at all available there is an Ontario Government fund available. That fund may be involved and pay a claim, for example where a pedestrian or bicyclist with no auto insurance is struck by an unknown hit and run driver. Most of us pay for auto insurance which is mandatory in Ontario and its purpose is to protect you from claims by others based on your fault for an accident. Minimum policy liability limits are $200,000.00 but most people carry $1,000,000.00. One million dollars or more liability coverage does not cost much more than the minimum and is highly recommended. You liability coverage will protect you and extend to you as a claimant if the person at fault is uninsured, unknown or underinsured. The insurance is there to provide benefits in the event of damage, bodily injury or death. When we buy insurance we also pay for the right to sue and get paid by an insurer for pain and suffering and other losses. We strongly recommend that you see a lawyer as soon as possible after an accident involving serious injury. The above information relates to auto accidents in Ontario, Canada. The situation becomes even more complex where the accidents take place in, or people involved are from other Provinces or States. We are frequently involved in such cases and would be pleased to consult with you for a free first and sometimes second meeting to determine your rights. Fires and explosions can be fatal or cause very severe injury We have acted in a number of serious burn cases from fires and explosions. These incidents may be due to the negligence of an insured person or company and we would be pleased to meet with you to discuss possible claims. We are familiar with the extreme form of injury which can be caused by fire.If you have an injury or insurance claim call to speak to Anna at (905)430-8880, Ex. 118 or email: murray@adrworks.com.