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  • Alta. decision could affect Ontario
        The Ontario Trial Lawyers Association says that anyone who thinks the Alberta cap decision will have no effect on Ontario is sorely mistaken.
        As reported earlier in Thompson’s, a judge who struck down the province’s soft tissue injury damages cap subsequently refused to stay his ruling pending appeal.
        President Richard Halpern said Fred Kozak, the lawyer who successfully argued that Alberta’s cap was discriminatory, doesn’t understand the Ontario legislation.
        Mr. Kozak was quoted by the Toronto Star as saying Ontario’s rules may withstand discrimination arguments.
        “The $30,000 deductible does not apply to everybody,” Mr. Halpern told Thompson’s. “That’s what makes the deductible discriminatory.
        And then we have the defining regulation, which defines our verbal threshold which discriminates against non-working people, seniors, and children.”
        OTLA president-elect Patrick Brown said they are considering mounting a similar court challenge here if the legislation isn’t changed by the government.
        Much more in our March 17 edition. If you are not a regular reader, click on Subscribe on the left hand side of the page to get it every week.
        
     



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    THOMPSON’S WORLD INSURANCE NEWS , Canada’s only independent weekly for p&c insurance professionals, has been the industry’s most trusted news source since 1988.