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Official Journal of the Ontario Insurance Adjusters Association Vol. 85 • No. 7 • March 2021 Without Prejudice Photos courtesy of Tena Allen, Windsor Chapter Follow us on @OIAAOfficial / Find us on / @oiaa_social Get to know the Northern and Windsor Chapters The OIAA is a proud supporter of Juvenile Diabetes Research Foundation Willistead Manor - Windsor Waterfront - Windsor CN Spirit of Windsor Ambassador Bridge - Windsor University of Windsor Sunset - Windsor Sunrise at Basswood Lake Photo courtesy of David Marshall, Sault Ste. Marie

Without Prejudice...Official Journal of the Ontario Insurance Adjusters Association Vol.85 • No .7 • March 2021 Without Prejudice Photos courtesy of Tena Allen, Windsor Chapter

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Page 1: Without Prejudice...Official Journal of the Ontario Insurance Adjusters Association Vol.85 • No .7 • March 2021 Without Prejudice Photos courtesy of Tena Allen, Windsor Chapter

Official Journal of the Ontario Insurance Adjusters Association

Vol. 85 • No. 7 • March 2021

Without Prejudice

Photos courtesy of Tena Allen, Windsor Chapter

Follow us on @OIAAOfficial / Find us on / @oiaa_social

Get to know the Northern and Windsor Chapters

The OIAA is a proudsupporter of

Juvenile Diabetes Research Foundation

Willistead Manor - Windsor

Waterfront - Windsor

CN Spirit of Windsor

Ambassador Bridge - Windsor

University of Windsor

Sunset - Windsor

Sunrise at Basswood Lake Photo courtesy of David Marshall, Sault Ste. Marie

Page 2: Without Prejudice...Official Journal of the Ontario Insurance Adjusters Association Vol.85 • No .7 • March 2021 Without Prejudice Photos courtesy of Tena Allen, Windsor Chapter

2

With 2020 being an extremely different year for the world, it’s never been moreapparent that things can change for us in the blink of an eye. I’m certain every-body is on the same page of wanting to get back to normal as soon as we can,but when that happens is far beyond any of our control.

In the meantime, we’re always looking for ways to expand the reach of the association, connect with people and create great experiences for our members.WP Radio has been something that over the past three years, has reallyevolved into something that is consistently seeing year-over-year growth andeven the pandemic did not stifle that.

In 2020 alone, WP Radio reached over 3,000 listeners from Apple Podcasts,SoundCloud and YouTube and an entirely new roster of podcasts andepisodes will be released in the coming year.

On the distribution end, we’re very excited to announce that all episodes ofWP Radio are now available on Spotify. Our first podcast release of 2021 isbrought to you by Arcon Forensic Engineers, called “Guess What I LearnedToday”, which will be releasing every month throughout the year.

More projects will be announced for the OIAA and WP Radio in the comingyear, and we look forward to connecting with you all as 2021 progresses.

If you or your company are interested in sponsoring a podcast and being part ofthe 2021 roster, please contact [email protected] for more information.

We want to thank all of our listeners and sponsors for their continued support,and we look forward to a great 2021 year

- The WP Radio Team

Page 3: Without Prejudice...Official Journal of the Ontario Insurance Adjusters Association Vol.85 • No .7 • March 2021 Without Prejudice Photos courtesy of Tena Allen, Windsor Chapter

Stay Connected

3

Official Journal of the Ontario Insurance Adjusters Association Vol. 85 No. 7

March 2021

Regular FeaturesPresident’s Message ......................4

OIAA Executive Council ..............6

Get to Know Your Chapter ....32/34

OIAA Chapter Executive ............58

Advertisers’ Index.......................59

Final Report ...........................60/64

What’s HappeningOIAA March Webinar Announcement ........................5

New Members ............................................................28

OIAA Toronto Delegate Elections Announcement ......30

OIAA April Webinar Announcement ........................31

OIAA Mentorship Announcement.............................33WP Radio PodcastApple iTunes: WP Radio

www.soundcloud.com/wpradio

WP TV YouTube channel

Visit us at www.oiaa.com

@ OIAAOfficial

@oiaa_social

@oiaa_social

CONTENTS8

20

14

8

20

40

48

14

Without Prejudice

The Financial Conduct Authority’sBusiness Interruption Decision

Florida Car Accident Lawsuits: How to Apply the Brakes onPlaintiffs Looking for the MostGenerous County

Special Assessments in Condos:Insure Your Risk

FARO 3D Scanner Finds the BigPicture - A Trucking AccidentHotspot Investigation

The 55% Threshold for Catastrophic Determination: Is This a Catastrophic Error? A Statistical and PsychologicalPerspective

Page 4: Without Prejudice...Official Journal of the Ontario Insurance Adjusters Association Vol.85 • No .7 • March 2021 Without Prejudice Photos courtesy of Tena Allen, Windsor Chapter

Simone CybulskiPresident, OIAA

President’s Message

YEARSCELEBRATINGOIAA

Spring is just around the corner…

Good bye February; the shortest but my goodness the longestmonth of the year. Our winter honestly hasn’t been that bad – probably the best winter we have had in years; but then, in thesame breath the longest winter ever!

So looking forward to Spring; new beginnings, getting outdoors,gardening, longer days, more sunshine and the best part of all –warmer days ahead. I was watching a program on TV this morning,where some doctors are prescribing outdoor therapy instead of prescription medication, sounds like such an amazing idea. I person-ally cannot wait each day to get outside and enjoy some outdoortime and most definitely cannot wait for the snow to melt; the greengrass to grow and all the beauty that comes with spring.

I hope everyone is staying healthy and happy – taking the time to look after “you” … Enjoying the simpler things in life and lovingevery minute of it!

Photo courtesy of Tena Allen, Windsor Chapter

“Spring will come and so will Happiness. Hold on. Life will get warmer.”

– Anita Krizzan

Simone CybulskiPresident, Ontario Insurance Adjusters Association

4

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Monthly Webinar Series March Edition

To Register visit: www.oiaa.com today!

Presented by: Geoffrey Keating Kostyniuk & Greenside Lawyers

Date: March 24th at 10am

Member Cost: Free Non-Member Cost: $50.00

Application of Accident Benefits: When a Slip and Fall Incident

Will Constitute an Accident as Defined by the SABS

Geoff Keating is a partner with the firm of Kostyniuk &Greenside Lawyers, practicing in the area of insurancedefence and specializing in the area of no-fault statutoryaccident benefits. He has proudly acted as lead Counsel innumerous accident benefits dispute hearings since his call tothe bar in 2013. When not working, Geoff enjoys spendingtime with his wife, Lidia, and training in Muay Thai.

5

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OIAA - Executive Council Committees 2020 –2021

OIAA - Executive Council 2020 –2021

COMMITTEE CHAIRPERSON COMMITTEE MEMBERS

BENEVOLENT & COMMUNITYCharity & Gifts ......................Simone CybulskiJohn E.Lowes - Insurance Institute...Emily Feindel...Zohair Nassur, Carrie Evans

INDUSTRYLicensing................................Carrie Evans..............Emily Feindel, Zohair NassurIndustry Collaboration ..........Simone Cybulski.......Rhu Sherrard, Kyle Case

Terry Doherty, Shawna Gillen

ASSOCIATION OPERATIONSChapter Liaison......................Simone CybulskiMembership ...........................Shawna Gillen...........All Chapter DelegatesDiscipline ...............................Leanne HardmanConstitution/Incorporation.....Kyle Case ..................Terry Doherty, Shawna GillenHandbook...............................Claire Richardson......All New ExecutiveMentoring...............................Kyle CaseNominating ............................Leanne HardmanVendor Relations/Sponsorship...Kyle Case..............Terry Doherty, Shawna Gillen

ENTERTAINMENTPast-Presidents’ Night............Laura O'Hearn...........Cindy Bridge, Claire RichardsonHoliday Party ........................Jennifer Brown ...........All Chapter Delegates, - OIAA Hands of Hope Senior ExecutiveGolf Tournament ...................Carrie Evans..............Zohair Nassur, John SlatterySeptember Kick Off ...............Zohair Nassur............Carrie Evans, John Slattery

Emily Feindel

COMMITTEE CHAIRPERSON COMMITTEE MEMBERS

COMMUNICATIONSWithout Prejudice Editorial.....Jennifer Brown, Zohair Nassur ..Sarah Graves, Joe Cumming, Tena AllenWithout Prejudice Articles ....Sarah Graves.........................Jennifer Brown, Tena Allen, Joe CummingWP Radio & Digital ............Terry Doherty .......................Tena Allen, Joe Cumming, Sarah Graves

Jennifer BrownAdvertising-Sales - WP, Website, Links

Tena Allen ............................Joe Cumming, Sarah Graves, Jennifer BrownMedia Relations ..................Joe Cumming........................Carrie Evans, Emily FeindelWebsite................................Chris Jolliffe .........................Zohair Nassur, Joe CummingSocial Media........................Jordan Tremblay...................Emily Feindel, Chris JolliffeGTA Membership ...............Carrie Evans .........................Emily Feindel, Zohair Nassur, John Slattery

EDUCATIONSpeakers & Meetings ..........Simone CybulskiSeminars/Education & ........Kyle Case .............................All Committee MembersAdjuster TrainingStrategic Planning ...............Kyle Case .............................Tena Allen, Claire Richardson,

Sarah Graves, Jennifer Brown Bursary ................................Mike Bottan..........................Laura O'Hearn, Claire Richardson

CONFERENCES2021 Claims Conference .....Joe Cumming........................All Committee Members2021 Career Fair (TBD) ......Rhu Sherrard.........................Kyle Case, Terry Doherty

TENA ALLENWindsor DelegateDesjardins General Insurance Group1-866-688-3888 ext. 6324680FAX: (519) 971-8969E-mail: [email protected]

JOE CUMMINGGeorgian Bay DelegateThe Co-operators Insurance(705) 712-1503E-mail: [email protected]

LEANNE HARDMAN, BSc. Hons., CIPPast PresidentUnifund Assurance(905) 764-4958E-mail: [email protected]

EMILY FEINDELToronto DelegateAIG Insurance Company of Canada (416) 596-3971 FAX : (855) 453-1063 E-mail: [email protected]

RAY PROCTOR, BA, CIPKawartha/Durham DelegatePinnacle Adjusters Group(416) 362-0800FAX: (416) 362-1808E-mail: [email protected]

SARAH GRAVESThousand Islands DelegateCrawford & Company (Canada) Inc.(613) 389-5209 ext. 21FAX: (613) 389-5990E-mail: [email protected]

SIMONE CYBULSKIPresidentAviva Canada Inc.(613) 540-0503E-mail: [email protected]

JENNIFER BROWN, CIPKitchener-Waterloo DelegateEconomical Insurance(519) 570-8500 ext. 43375FAX: (866) 239-0231E-mail: [email protected]

CLAIRE RICHARDSON, BA, CIPThunder Bay DelegateSedgwick(807) 345-7676 ext. 1E-mail: [email protected]

CHRIS JOLLIFFE, B.Sc., CIP, CFEINiagara DelegateLeading Edge Claims Services(289) 897-8676 ext.4FAX: (289) 897-8677E-mail: [email protected]

CARRIE EVANS, CIP, CRMToronto DelegateClaimsPro(905) 740-1621 FAX: (905) 671-1889E-mail: [email protected]

KYLE CASE, FCIP, CRMSecond Vice-PresidentThe Co-operators1-877-682-5246 ext. 272453E-mail: [email protected]

ZOHAIR M. NASSUR, BBA, GIEToronto Delegate

MIKE BOTTAN, CIP, CFEINorthern DelegateCrawford and Company Canada Inc.(705) 647-6781FAX: (705) 647-6783E-mail: [email protected]

JORDAN TREMBLAY, CIPLondon DelegateClaimsPro Inc. (519) 649-6554E-mail:[email protected]

RHU SHERRARD, CIPFirst Vice-PresidentClaimsPro(289) 339-1976FAX: (905) 565-0009E-mail: [email protected]

JOHN SLATTERY, Hon.BA., EGAToronto DelegateSedgwick Canada Inc.1 (905) 671-7849E-mail: [email protected]

CINDY BRIDGE, CIP, CRMOttawa DelegateDesjardins General Insurance Group1-866-688-3888 ext. 5511194FAX: (613) 692-3381E-mail: [email protected]

TERRY DOHERTY, CFEITreasurerAviva Canada Inc.(613) 386-5513FAX: 1-866-805-8585E-mail: [email protected]

SHAWNA GILLEN, CIPSecretaryAIG Insurance Company of Canada(416) 596-3060E-mail: [email protected]

LAURA O'HEARN, M.Ed., CIPHamilton DelegateMaxwell Claims Services Inc.(289) 239-6757E-mail: [email protected]

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FOR THE MAGAZ INE

JENNIFER BROWNManaging [email protected]

ZOHAIR NASSURCo-Editor

JOE CUMMINGAssociate [email protected]

TENA ALLENAdvertising [email protected]

SARAH GRAVESAssociate Editor/[email protected]

Official Journal of the Ontario Insurance Adjusters Association“WP” is published monthly except July and August. Everyreasonable effort is made to ensure accuracy of articles andadvertisements but the Association expressly limits its liabilityto printing of retraction or correction. The opinions expressedin all articles unless otherwise specified represent the viewsof the authors and are not necessarily endorsed by theAssociation, the editorial staff or the Executive Council. Contents of ”WP” are copyrighted and may not be reproducedwithout written consent of the Association.The magazine is distributed free of charge to all active andassociate members of the OIAA. For non-members subscription price: Canada - $75.00 + HST.U.S.A. and other countries - $90.00

For change of address or any enquiries regarding distribution,send address label with updated information to:Jackie Johnston, Business Manager, OIAA, 29 De Jong Drive, Mississauga, Ontario L5M 1B9Tel.: (647) 457-0576 E-mail: [email protected] Website: www.oiaa.com

For information regarding the OIAA Privacy Policy, please refer to our website at www.oiaa.comFor information on advertising specifications, costs, production of ads or ad placement, please contact Jackie Johnston or Tena Allen.For submission of proposed articles please contact Jennifer Brown or Sarah Graves.ISSN 0833-1278 Canada Post Canadian Publications MailSales Product Agreement No. 40064573

CONTR IBUTORS

Marijan (Mario) SmolejFARO 3D Scanner Finds the Big Picture - A Trucking Accident Hotspot Investigation (page 40)Mario is an accomplished Forensic Engineer with over 25 years’ experience and over 1,500 investigationsinto motor vehicle accidents in his career. As an educator, he has presented numerous seminars sharedwith the legal, insurance and engineering communities, and is the author of articles on automotive eventdata and human impact tolerances.

Mike ForteFlorida Car Accident Lawsuits: How to Apply the Brakes on PlaintiffsLooking for the Most Generous County (page 15)Mike Forte is a partner at the Tampa, Florida office of Rumberger, Kirk &Caldwell, P.A. He represents Canadian drivers and insurance companies inFlorida state and federal courts.

Meredith FeeFlorida Car Accident Lawsuits: How to Apply the Brakes on PlaintiffsLooking for the Most Generous County (page 15)Meredith Fee is an associate at the Tampa, Florida office of Rumberger,Kirk & Caldwell, P.A. She practices in the areas of trucking and product liability defense.

Dr. Jonathan Evan SiegelJonathan Evan Siegel earned hisBachelor’s degree in physiologicalpsychology from McGill Universityin 1978, both his Master’s degree(1982) and Doctorate in coun-selling psychology (1986) from theUniversity of Toronto. Dr. Siegelspecializes in both providing psy-chological assessments for individ-uals involved in accidents as wellas addictions.

Denise LashSpecial Assessments in Condos: Insure Your Risk (page 20)The founder of Lash Condo Law, Denise Lash has over 25 years' experienceas a condominium lawyer. Denise has been qualified as an expert in condominium law in the Ontario Courts

Without Prejudice

Mikel PearceThe Financial Conduct Authority’s Business Interruption Decision (page 8)Mikel Pearce has spent his entire career servicing the insurance industry,both as an in-house claims counsel, and in private practice. Mikel providesservices to clients on both defence and coverage issues, on a variety ofproduct lines, specifically including but not limited to E&O, cyber and privacy liability, D&O, and EPL.

Chendur GandhidossChendur Gandhidossearned his Bachelor'sdegree in Quantitativeand MathematicalEconomics and Sta tistics

at Carleton University in 2013, hisMaster’s degree in Probability andStatistics at Carleton University, in 2016,and is currently a Ph.D. candidate instatistics.

The 55% Threshold for Catastrophic Determination: Is This a Catastrophic Error? A Statistical and Psychological Perspective (page 48)

Dr. Susan MoraesDr. Susan Moraesearned her Master’sdegree (2010) andDoctoral degree (2013)in Clinical Psychology

from Fielding University. Dr. Moraes isa registered psychologist in Ontarioand has a clinic in Mississauga(Mindframe Psychology Centre).

Page 8: Without Prejudice...Official Journal of the Ontario Insurance Adjusters Association Vol.85 • No .7 • March 2021 Without Prejudice Photos courtesy of Tena Allen, Windsor Chapter

The Financial ConductAuthority’s BusinessInterruption Decision

8

Page 9: Without Prejudice...Official Journal of the Ontario Insurance Adjusters Association Vol.85 • No .7 • March 2021 Without Prejudice Photos courtesy of Tena Allen, Windsor Chapter

Earlier this year, the Financial

Conduct Authority in the United

Kingdom brought a “test case”

against a number of UK insurers,

seeking the determination of

“issues of principle” in the inter-

pretation of certain types of

business interruption policies.

9

By Mikel PearceStrigberger Brown Armstrong LLP

WP March 2021

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WP March 2021

The Financial Conduct Authority’sBusiness Interruption Decision

10

The test case was directed at the application of certain policies to the business interruption caused by the COVID-19 pandemic, and the reaction of theBritish government to the pandemic, specifically

the legislation mandating a temporary shutdown of certain businesses in the UK.

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WP March 2021

Importantly, and as noted by theCourt in paragraph 80 of its recentlyreleased decision,

The Court is asked to construe anumber of wordings which con-tain non-damage “extensions” tothe “standard” BusinessInterruption (“BI”) cover providedby the relevant insurers. That“standard” cover is contingent onthe occurrence of physical ormaterial damage to the insuredpremises. There is no disputebefore the Court about whetherthere is cover under such “stan-dard” BI cover.

The Court was asked to considerthe interpretation of three maintypes of business interruptionpolices:1. Those containing a “Notifiable

Disease” coverage extension;2. Hybrid policies referring to pre-

vention of access in the context ofNotifiable Disease; and,

3. Policies providing cover specificallyfor prevention of access and othersimilar perils.

It is important to note that the“principles of construction” forinsurance policies are quite differentin the UK than in Canada. I wouldcharacterize the UK approach as amore “structural” or “literalist”interpretation of insurance contractsthan that used in Canada. Whilethere are certain similarities, notonce did the Court state that “cover-age provisions are to be interpretedbroadly, exclusion clauses narrowly”.However, in the event that therewere drafting issues, the insuredswere the beneficiary of any confu-sion created by those issues.

As this is the first really significantdecision on these issues in a com-mon law jurisdiction, it is likely to bewidely referred to, dissected, and

8 King Street East, Suite 1500, Toronto, Ontario M5C 1B5

Phone: 416-408-4400 Fax: 416-408-4900

www.bhmg.ca

© Lee Lorenz / The New Yorker Collection/The Cartoon Bank

Happy St. Patrick’s Day!

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WP March 2021

PERSONALIZEDALE MANAGEMENTSOLUTIONS

SUBMIT A CLAIM:

1.888.212.5815

[email protected]

www.accomsure.com

Free up precious time for youradjusters to focus on their claims

Indemnity control

ALE solutions tailored to your policyholders

Immediate and long-term accommodation arrangements

Canadian company assisting Canadians

Rentalfurniture

Movingservices

Petboarding

Hotels

Transportationcoordination

RentalHomes

Page 13: Without Prejudice...Official Journal of the Ontario Insurance Adjusters Association Vol.85 • No .7 • March 2021 Without Prejudice Photos courtesy of Tena Allen, Windsor Chapter

WP March 2021

13

analyzed by lawyers and judges in avariety of jurisdictions as theyattempt to come to grips with someof the consequences of the COVID-19 pandemic and its effect on oureconomy.

In the main, the Court found thatthe “Notifiable Disease” wordingsought to respond to the businessinterruption claims being made bypolicy holders. This will certainly be awelcome result for both the FCA andfor the policy holders.

With regard to the hybrid polices,the findings were mixed, dependingon the wording of the clauses whichreferred to the Notifiable Disease,and whether it was referred to as an“occurrence” or an “incident”,along with how the proximityrequirement (if there was one in thepolicy) was worded.

In the main, the FCA was less suc-

cessful in arguing that the “preven-tion of access” policies ought torespond to the claims being made,as the Court drew a distinctionbetween “prevention” as beingcomplete, and “restriction or hin-drance” as being somewhat less thatcomplete.

It is anticipated that the decisionwill be appealed to a higher court,and so all parties, and the relevantpolicy holders, will have to wait untilthe various appeals have been dealtwith before having a final under-standing of how the relevant policiesare to be interpreted.

See: https://www.fca.org.uk/publica-tion/corporate/bi-insurance-test-case-judgment.pdf.

Mikel Pearce has spent his entirecareer servicing the insurance indus-try, both as an in-house claims coun-sel, and in private practice. Mikelprovides services to clients on bothdefence and coverage issues, on avariety of product lines, specificallyincluding but not limited to E&O,cyber and privacy liability, D&O, and EPL.

WP

Find OIAA on

Page 14: Without Prejudice...Official Journal of the Ontario Insurance Adjusters Association Vol.85 • No .7 • March 2021 Without Prejudice Photos courtesy of Tena Allen, Windsor Chapter

WP March 2021

14

Florida Car Accident Lawsuits: How to Apply the Brakes on Plaintiffs

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WP March 2021

Looking for the Most Generous County

By Mike Forte and Meredith Fee,Rumberger, Kirk & Caldwell, P.A.,Tampa, Florida

When a Canadian is sued in Florida,

moving the case from the Florida

state court system to the U.S. federal

court system usually is a good move

for the defense. But sometimes,

making that move is not possible.

For example, federal court is unavail-

able where the alleged damages are

less than $75,000, or where the

Plaintiff sued a Florida resident in

addition to the Canadian resident.

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WP March 2021

How to Apply the Brakes on Plaintiffs Looking forthe Most Generous County

If the case will remain in the Florida state court system,it is important to confirm your lawsuit was filed in thecorrect county. A one-sentence statute provides theroadmap for doing just that. Florida Statutes Section47.122 states “For the convenience of the parties orwitnesses or in the interest of justice, any court ofrecord may transfer any civil action to any other courtof record in which it might have been brought.”

Page 17: Without Prejudice...Official Journal of the Ontario Insurance Adjusters Association Vol.85 • No .7 • March 2021 Without Prejudice Photos courtesy of Tena Allen, Windsor Chapter

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WP March 2021

First, some background. Dependingon the facts, a plaintiff might be per-mitted to file suit in one of severalcounties. An ambitious plaintifflawyer will look at the demographicsin each county, and file suit in theone with the most liberal-leaningpopulation. The idea is that the moreliberal the jury, the more likely thejury is to award high damages. As aresult, a lawsuit might be filed in aliberal county where the accident didnot even occur.

Although Florida law permits thisstrategy, that does not make it right.This is where Section 47.122 comesin. It allows a defendant to request atransfer to a different county for anyof three reasons: convenience of thewitnesses, convenience of the par-ties or the interests of justice.

Convenience of the witnesses “The most important considerationof the three statutory factors in sec-tion 47.122 is the convenience ofthe witnesses.” Drywall, Inc. v.Aequicap Program Administrators,Inc., 953 So. 2d 28, 30 (Fla. 4th DCA2007). Usually (though not always),the county where the accidentoccurred is where most of the eye-witnesses reside. If the accident wascaught by a surveillance camera at anearby business or by a traffic lightcamera, the records custodian forthe video likely would be from thatsame county. Similarly, the countywhere the accident happened wouldbe where the investigating lawenforcement officer and the emer-gency medical personnel are sta-tioned. These people are not parties,and did not ask to be involved in alawsuit. Because requiring these indi-viduals to travel to another countyfor trial likely would inconveniencethem, Section 47.122 allows thecase to be transferred to where thewitnesses reside. See Braun v.

Stafford, 529 So. 2d 735 (Fla. 4thDCA 1988) (ruling case should betransferred where the accident

occurred in a neighboring county,and the neighboring county was thehome of the two passengers in

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Follow OIAA on

@OIAAOfficial

19

WP March 2021

Mike Forte is a partnerat the Tampa, Floridaoffice of Rumberger,Kirk & Caldwell, P.A. Herepresents Canadiandrivers and insurance

companies in Florida state and feder-al courts.

Meredith Fee is anassociate at the Tampa,Florida office ofRumberger, Kirk &Caldwell, P.A. She prac-tices in the areas of

trucking and product liabilitydefense.

WP

plaintiffs’ vehicle, the respondinglaw enforcement officers, fire rescuepersonnel and some of the medicalproviders).

Convenience of the parties Here’s a fun exercise: check to seewhether the plaintiff filed suit in acounty where he does not even live,just in the hope of getting a gener-ous jury. We have seen this happen.See Universal Prop. & Cas. Ins., 157So. 3d at 384 (“Significantly, [theplaintiff] lives in Brevard, and certain-ly [transferring the case to] thatcounty would not be inconvenientfor him.”). Also, are there multipledefendants who all live in a neigh-boring county? This could weigh infavor of transfer.

Interests of Justice Typically, counties with liberal demo-graphics are also more populouswith busier courts. The interests ofjustice are served by “the avoidanceof a crowded court docket and the imposition of jury duty on anuninvolved community.” Pep Boys,62 So. 3d at 1165. See alsoWestchester Fire Ins. Co. v. Fireman’sFund Ins. Co., 673 So. 2d 958, 958(Fla. 3d DCA 1996) (“It is in theinterest of justice that a DadeCounty jury, which is both a scarceand precious resource, should not beburdened with determining a casethat has no connection with DadeCounty.”) (quotation omitted).

The last bit of good news is thatSection 47.122 is disjunctive, joiningthe three factors together with an“or” as opposed to an “and.” Forthis reason, “[t]he trial court maytransfer venue if it finds that any ofthese factors weight in favor of thealternate forum.” Theobald v. PiperAircraft, 208 So. 3d 287, 289 (Fla.3d DCA 2016).

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Special Assessments in Condos: Insure Your Risk

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At a recent annual general meet-

ing, the owners were advised that

their reserve fund was not properly

funded over the years and repairs

needed to be done to the roofs and

parking garage in the very near

future. There was discussion

around special assessments and

how owners would be paying those

amounts. There was also mention

of owners getting “special assess-

ment insurance” and owners were

left with the impression that this

type of insurance would cover any

special assessments needed to carry

out repairs. This is not the case.

By Denise Lash, LL.B., B.Sc., ACCI, FCCI,Lash Condo Law

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WP March 2021

Special Assessments in Condos: Insure Your RiskAs we all know if the amounts in a reserve fund are inadequate to meet theexpenditures required, or if unforeseen circumstances bring forth an unex-pected increase in the Corporation’s operating expenses, then the board ofdirectors may need to levy a special assessment. Unfortunately, unit ownersare stuck with this cost; however, there are instances where unit owners mayhave recourse to insurance to cover their share of the special assessment. Acouple examples are discussed below.

I. TITLE INSURANCEMost real estate lawyers will recommend that purchasers buy title insurancewhen purchasing a condominium unit. Title insurance is intended to offerpurchasers protection against a number of factors, including special assess-ments that may not have been disclosed in the Status Certificate.

We have all heard the horror stories of purchasers being stuck with specialassessments after the completion of their purchases. Even though the corpo-ration was aware that a special assessment might be levied or was aware ofcircumstances that might result in the need for a special assessment in thenear future, this information was not disclosed in the Status Certificate. Inthese circumstances, title insurance may compensate purchasers for their por-tion of any special assessment.

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II. SPECIAL ASSESSMENTINSURANCE

A unit owner can also obtain insur-ance coverage specifically for specialassessments. This coverage will ben-efit a unit owner in circumstanceswhere a condominium corporationsuffers an insured loss, the insuranceproceeds are inadequate to coverthe costs, and the corporation leviesa special assessment for the differ-ence. This would only occur in veryunusual circumstances.

A real life example involves a con-dominium corporation that incurredenvironmental clean-up costsbecause of a heating oil leak into thecommon elements. The town homeunits in this condominium had oiltanks that were buried in the com-mon elements, which serviced eachindividual unit’s furnace. Pipes ranthrough the concrete basementfloors of the units from the heatersto the oil tanks. As a result of a pipebreak, oil seeped into the groundand the resulting environmentalclean-up cost was over $300,000.

Over the years, several of thesepipes had broken and the corpora-tion had taken out the maximumavailable environmental coverage, atthat time, in the amount of$10,000.00. The remainder of theclean-up cost was paid for by way ofa special assessment. Unfortunately,when this happened, no one consid-ered whether the unit owners’ insur-ance policies included special assess-ment coverage. When this inquirywas finally recommended, the dead-

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WP March 2021

line for making a claim had longpassed. As it turned out, all but oneof the unit owners had specialassessment coverage. Had the rightadvice been given, the unit owners’insurers would have paid their pro-portionate shares of the specialassessment and the owners wouldnot have been out of pocket.Needless to say, it’s important to notonly obtain the coverage, butremember that there may already becoverage under an existing policy.

The founder of LashCondo Law, DeniseLash has over 25years' experience as a condominiumlawyer. Denise has

been qualified as an expert in con-dominium law in the Ontario Courtsand has served as a director and/orofficer and committee member forthe following organizations:• Founding directors and Past

President of CAI Canada• Vice-President of the Canadian

Condominium Institute (Toronto)• National Director of the Canadian

Condominium Institute (CCI)• Chair of the council for the

Condominium ManagementStandards for Association ofCondominium of Ontario (ACMO)2000 Committee

• Director of Resilient CommunitiesOntario (RCO)

• CCI Tarion Advisory Committee

Denise writes weekly on her bloglashcondolaw.com dealing with themany issues facing boards of direc-tors, condo managers and condoowners.

WP

Please Contact: Tena AllenTel: 1-866-688-3888 ext. 6324680 • Fax: 1-800-403-4457

E-mail: [email protected]

FORYOURADYOURIN THIS MAGAZINE

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WP - Call for ArticlesSubmit an article to WP Magazine for publication consideration. Share your industry knowledge and information with more than 2,500 active adjusters.

Accompany your article with advertising to effectively maximize your business opportunities. Full-time WP advertisers will get the benefit of a rolling banner on our OIAA website. All advertisers will get the added bonus of one shout-out on each of our OIAA social media networks being Facebook, Twitter and Instagram for each month

they put an advertisement in the WP.

Any inquiries and information regarding promoting your business while supporting the OIAA, please contact: Jennifer Brown, WP Managing Editor at [email protected] Nassur, WP Co-Editor Sarah Graves, WP Associate Editor/Articles at [email protected] Allen, WP Advertising Manager at [email protected]

WP March 2021

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N e w M e m b e r sThe following were approved as active new members in January 2021

NAME COMPANY CITY CHAPTERJORDAN, Nicole The Co-operators Insurance Toronto Toronto

ARSENEAU, Benjamin Sedgwick Hamilton Hamilton

ATKINSON, David Sedgwick St.Catharines Niagara

AUBIN, Yves Sedgwick Timmons Northern

BAKSH, Kurt Sedgwick Mississauga Toronto

BERTRAND, Ryan Sedgwick Mississauga Toronto

BHATIA, Ranjit Sedgwick Mississauga Toronto

BRASSINGTON, Debra Sedgwick Mississauga Toronto

BUTCHER, LeeAnne Sedgwick Bellville Thousand Islands

CABRAL, Kevin Sedgwick Mississauga Toronto

CAPONE, Sandra Sedgwick Mississauga Toronto

CAROBELLI, Elena Sedgwick Hamilton Hamilton

CHINA, Brandi Sedgwick Mississauga Toronto

CODARIN, Maria Sedgwick Hamilton Hamilton

CRISOSTIMO Jonathan Sedgwick Mississauga Toronto

DALTON, Gary Sedgwick Mississauga Toronto

DALTON, Katelyn Sedgwick Hamilton Hamilton

DE ABREU, Kaitlyn Sedgwick Mississauga Toronto

DUZ, Fred Sedgwick Mississauga Toronto

FAROOHA, Farah Sedgwick Mississauga Toronto

FILOON, Derrick Sedgwick Sudbury Northern

GIANNONE, Tammy Sedgwick Hamilton Hamilton

GILES, Don Sedgwick Mississauga Toronto

GLOCKLING, Kim Sedgwick Hamilton Hamilton

GREEN, Michael Sedgwick Richmond Hill Toronto

HILSON, Kathleen Sedgwick Mississauga Toronto

JOHNSON, Laurie Sedgwick Ottawa Ottawa

JONES, Graeme Sedgwick Mississauga Toronto

KAMINO, Randy Sedgwick Mississauga Toronto

KAMINSKA, Emilia Sedgwick Mississauga Toronto

KOBLIK, Troy Sedgwick St.Catharines Niagara

KOSANOVIC, Nikola Sedgwick Hamilton Hamilton

KRAFT, Melissa Sedgwick Hamilton Hamilton

KREMLEVA, Julia Sedgwick Mississauga Toronto

LANDROVE CARMONA, Jose Sedgwick Mississauga Toronto

LANGLEY, William Sedgwick Hamilton Hamilton

WP March 2021

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N e w M e m b e r sThe following were approved as active new members in January 2021

NAME COMPANY CITY CHAPTERLAXTON, Debbie Sedgwick Mississauga Toronto

LEAKER, Matthew Sedgwick Mississauga Toronto

LECHNIAK, Darren Sedgwick Mississauga Toronto

LEVISAUSKAS, Bryan Sedgwick Mississauga Toronto

LONG, Brian Sedgwick Hamilton Hamilton

LOW, Samantha Sedgwick Mississauga Toronto

MAHLER, John Sedgwick Hamilton Hamilton

MANCINI, Arlene Sedgwick Hamilton Hamilton

MARSH, Scott Sedgwick Mississauga Toronto

MARSHALL, Scott Sedgwick Guelph Kitchener

MARSHALL, Tanya Sedgwick Hamilton Hamilton

MARTINGANO Margaret Sedgwick Mississauga Toronto

MILLER, Sean Sedgwick Hamilton Hamilton

MORRIS, Michael Sedgwick Guelph Kitchener

OLIVEIRA, Tracy Sedgwick Hamilton Hamilton

PERSAD, Roger Sedgwick Mississauga Toronto

PETERS, Deanna Sedgwick Guelph Kitchener

PHILLIPS, Michelle Sedgwick Hamilton Hamilton

PICHENIUK, Lori Sedgwick Hamilton Hamilton

ROCHE, Michael Sedgwick Hamilton Hamilton

SABOURIN, Nicole Sedgwick Richmond Hill Toronto

SALVATORE, Paolo Sedgwick Mississauga Toronto

SAMEC, Brian Sedgwick North Bay Northern

SAMS, Kristin Sedgwick Hamilton Hamilton

SIHRA, Sukhdeep Sedgwick Mississauga Toronto

SIMPSON BOUCHER, Trycia Sedgwick Sudbury Northern

SMITH, Tracey Sedgwick Sault Ste. Marie Northern

SUCHECKI, Bradley Sedgwick St.Catharines Niagara

TABAR, Nicole Sedgwick Mississauga Toronto

TO, Huey Sedgwick Mississauga Toronto

TOLLIS, Adam Sedgwick Hamilton Hamilton

TUCCI, Nick Sedgwick Richmond Hill Toronto

UMBRIO, Vincent Sedgwick Richmond Hill Toronto

VAIDYA, Priyanka Sedgwick Mississauga Toronto

WATERS, William Randy Sedgwick Mississauga Toronto

ZATYLNY, Richard Sedgwick Richmond Hill Toronto

WP March 2021

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We are looking for a dynamic team of forward thinking individuals that are based in the Toronto area.

OIAA TORONTO DELEGATE Election 2021

We are seeking nominations for Two Toronto Delegatepositions each for a 2-year term, commencing August 1,2021 – July 31, 2023.

As a Toronto Delegate you will be responsible to actively recruit, engage, and educate adjusters in the GTA as to the benefits our organization provides. You will be eligible to work on a variety of committees such as our monthly WP publication, Canada’s largest Claims Conference, Christmas Party or Training and Education to name a few.

If you are an OIAA member or know of an OIAA member interested in running for this position, please contact Leanne Hardman at [email protected].

Elections will be held on April 14, 2021. Go to oiaa.com for details.

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Monthly Webinar Series April Edition

To Register visit: www.oiaa.com today!

31

Presented by: Stephen Dodd Director, Crawford Forensic Accounting

Date: April 15th at 10am

Member Cost: Free Non-Member Cost: $50.00

Business Interruption Claims and Covid-19

Stephen Dodd, Director at Crawford Forensic Accounting Services,has working in a forensic accounting role since 2013. He has beenengaged in a wide variety of assignments over the years includingeconomic damage quantification, business interruptions & loss ofearnings, stock and contents losses, and extra expense calculationsamong others. He also has experience working on catastropheclaims and has handled files resulting from everything includingHurricanes to the Fort McMurray Wildfire. Stephen obtained his Masters of Business Administration from Wilfrid Laurier, and is a Chartered Professional Accountant and CertifiedManagement Accountant.

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COVID-19! How else could one start any message, dis-cussion, dialogue these days without bringing up theunprecedented events going on with COVID-19. It istime like these that our true Canadian nature finds itsway as people all come together to help one another.Many thanks go out to all our front-line workers whoput themselves out there while trying to still maintain asomewhat normal homestead. Thank you, thank you,Thank you!!

Also, wish to thank CIAA for the ongoing updates,leadership and guidance they have been offering to allthe adjusters out there.

Our 2019 Insurance Open hosted by OIAA NorthernOntario, The Sudbury & District Insurance BrokersAssociation and The Cambrian Shield Chapter of theInsurance Institute of Ontario was another successselling out yet again. Unfortunately, our 2020 eventwas slated for May and due to COVID-19 all involvedmade the decision to reschedule early on. Our nextgolf event is May 20th, 2021. Please contact [email protected] if you would like to place a team orsecure sponsorship of our event which is co-hostedwith The Sudbury & Distr ict Insurance BrokersAssociation and The Cambrian Shield Chapter of theInsurance Institute of Ontario. Our event has sold outthe last three years!

Like many organizations, all we can do is take the

appropriate precautions and have faith in our medicalsociety and neighbors to bring this to an end.

In 2019 one of our long-time board members CarolynLefebvre stepped down from her post and on behalf ofOIAA Northern Ontario we wish to thank her for longtenure and commitment to our organization.

Our organization decided to donate funds to localCOVID support groups throughout Northern Ontario.We will also be donating our yearly gifts to NorthernOntario charities as well over Christmas.

I am hoping as I draft this President’s message that bythe time it goes to print the Vaccine will be in fullmotion! Proud to note that while on many job sites overthe course of this pandemic that vendors, adjusters,experts, and homeowners have all been taking theproper precautions. Great job all!! We hope that allNorthern Ontario vendors and adjusters have managedto navigate their way through the various business dis-ruptions caused by Covid-19.

The current Board of Directors term is set to expireMay 2021 and we are looking for new members to pickup where current directors will leave off.

Looking forward to a rebound 2021 for all!

F. Giovanni Rocca, CIP President, Northern Ontario Chapter [email protected]

OIAA Northern Ontario Chapter

Get to know your ChapterGet to know your Chapter

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The OIAA is offering a Mentorship Program for our members.

If you’re interested in being a mentor/mentee or both, please contact: Kyle Case [email protected]

Visit oiaa.com to learn more.

Your Network for Success

Subscribe to our new WP Media channel and you will find videos as well as WP Radio podcasts on the

WP Digital Channelwww.youtube.com/channel/UCMZ7YF3T6ErcQJpsyHrq6vw

With 5 o�ces in Ontario, our independent experts in economic damage quanti�cation are available to assist locally and across Canada.

To �nd out how we can help you, contact us today.

VANCOUVER • CALGARY • EDMONTON • WINNIPEG • LONDON • HAMILTON • TORONTO • KINGSTON • OTTAWA • MONTREAL • HALIFAX

Gerry Bouwman, CPA, CMA, CFF | [email protected]

Brad Ebel, CPA, CA, CFE, CFF | [email protected]

Matt Mulholland, CPA, CMA, DIFA, CFF | [email protected]

Mark Gain, CPA, CA• IFA, CBV, CFF | [email protected]

Toronto: 416. 366.4968

Martin Pavelic, CPA, CMA, CFF | [email protected] Hamilton: 905.523.6363

Matt Mulholland, CPA, CMA, DIFA, CFF | [email protected]: 613.389.3176

Matt Mulholland, CPA, CMA, DIFA, CFF | [email protected]: 613.366.6008

Sheri Gallant, CPA, CMA, CFF | [email protected]: 519.432.1123

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Get to know your ChapterGet to know your Chapter

In 2019/2020, the Windsor Chapter raised $5,000 for2 amazing charities/non-profits. This is something theWindsor executive board is very proud of. We know2020 was a tough year: many difficult times, cancelledevents and lost loved ones. We want to thank ourmembers and industry partners in helping us achievesuch a feat!

As an executive we have been through a lot thisyear as well.

Due to the pandemic we had to cancel our 2020free educational Spring seminar and our formal gala,which was heart breaking. However, our amazing teamwas able to put on a “COVID-19-friendly” Golf Day,which allowed us to honour our friend and colleague,the late Debbie Tremblay. This warmed our hearts. Thiswas also the only OIAA “Golf Day” in the wholeprovince. This has become the talk of the area!

We hung up the jerseys of some well-deserved legends of the Windsor Chapter this year, whichbrought us feelings of both joy and sorrow. It has beena wild ride, but after 15 years we said goodbye andgood luck to our forever friend, Mike Hoffman, whodecided to step down from the Windsor executive. Wewish him nothing but the best. We also said goodbyeto another legend. After 10 years on the WindsorChapter board, Rob Queen also stepped away to focuson his brand new little one, Sophie.

Although we are down two executive members, westill have a powerhouse team on our board. Steppinginto the Vice President role is Jennifer Olson, Treasurerand Provincial Delegate is Tena Allen, our SocialMember Secretary is Melissa Robb and our Director isChris Renaud. Finally, myself Greg Steed as President.Over the years we have grown very close and our exec-utive continue our voluntary endeavours with mutualrespect and love.

Being a not-for-profit organization, we undoubtedlycount on our amazing industry partners to make ourevents successful. Thank you to each and every one ofyou for your individual and corporate support.

Our upcoming events for 2020/2021 have beenscaled back due to the pandemic and the ones that arescheduled need to be reviewed to determine if any-thing should change to keep our event guests safe. OnDecember 11, 2020, we held a Christmas Reimaginedcharity pick-up donation event for our friends at HiatusHouse. We are proud to announce that we collected$4,000 in money and merchandise.

Our 14th Annual Chili cook-off is scheduled forFebruary 25, 2021. Please keep April 28, 2021 blockedoff, as we will host our yearly gala event that evening.We scheduled a Free Spring Educational Seminar onMay 27th, 2021. And our 8th Annual Golf Tournamentwill be on July 22, 2021. Please check our website forupdates on these events.

Our executive team will continue to provide ourchapter members with a great experience at eachevent. We are committed to the health and safety ofour members, colleagues and event guests and to asafe environment that aligns with public health proto-cols. We are actively monitoring and evolving our pro-cedures to ensure a continued focus on health andsafety. All considerations will be reviewed and anychanges, postponement or cancellation of events willbe advised at the earliest convenience.

If you want to make any suggestions/comments etc.,please visit our website https://oiaawindsor.ca/.

Greg Steed President, Windsor [email protected]

OIAA Windsor Chapter

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7th Annual OIAA Drivin’ FORE Deb “Golf Day” August 20th, 2020, Ambassador Golf Club.

2020 Christmas Donation DriveCovid Kept us away, but did not stop us from helping ourlocal Hiatus House - $4000 in cash and items donated.

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Windsor Chapter13th Annual ChiliCook-off February 13th, 2020,Ciociaro Club, Windsor.

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FARO 3D Scanner Finds the Big Picture - A Trucking AccidentHotspot Investigation

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It all started on the busiest highway

in North America. Ontario’s Highway

401 is active 24 hours a day, seven

days a week, so when trucks started

going off the road near Napanee,

experts at Pario Engineering &

Environmental Sciences knew they

faced a formidable situation when

they were contacted to find out why.

By Marijan (Mario) Smolej, P.Eng., Senior Forensic Engineer, Pario - Engineering & Environmental Sciences

WP March 2021

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The ‘corridor’ from the Detroit-Windsor border to Quebecis home to one of the busiest truck traffic in the world.

The team had investigated many incidents involvingcommercial vehicles and well knew the importance ofdriver and fleet safety.After arriving on site, it became clear to the Pario team

why the FARO 3D Scanner was necessary to complete thisjob. Pario Forensic Engineers use the FARO 3D Scannerroutinely in their work to accurately assess a site’s condi-tions without taking in-person measurements. The teamof engineers had to determine whether this location’songoing construction was impacting driver safety.

WP March 2021

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The layout of any construction site, including the placement of equipmentand signage, and lane modifications, can affect the flow of traffic through anarea, and can raise the potential for accidents. As accidents continued toplague that area, Pario had to quickly determine if the construction layoutcomplied with Ontario Traffic Manual (OTM) and RTAC (Road and TrafficAssociation of Canada) guidelines without further impeding traffic, or theconstruction itself.

Using the FARO 3D Scanner and common mapping software, Pario’s teamassessed the construction layout, faster, and with greater accuracy than bytraditional means. Like taking a picture, the FARO 3D Scanner captures animage, but in three dimensions. The 3D rendering of the area captured mil-lions of measurable data points in just minutes. These data points created apoint cloud that preserved the scene digitally, allowing investigators to exam-ine and re-examine findings as necessary. Using this data, the team was ableto accurately determine road geometry, alignments, widths, elevationchanges, the distance between structures, and the height and width of sig-nage. Importantly in this case, there was a downslope and curve and thelanes had been shifted during construction so that the paved shoulder widthswere reduced. The team was able to scan the construction layout, overlay itwith the original road layout, and assess the differences.

Without the FARO 3D Scanner, an investigative team would have to closedown a highway temporarily to measure road lane markings and determinethe location and size of construction signage. Even with Total Station surveyequipment, which would more easily perform manual measuring wheel andtape measurements, this task would be labour intensive, with fewer datapoints collected. It also would have been less safe. Further, obtaining roadclosure would be very difficult. The Ministry of Transportation and OntarioProvincial Police would have had to both agree on the closure, and the pur-chase of General Liability Insurance and additional fees would be involved.

Between assessment and analysis, a project such as this would have takenweeks to complete. This is because two dimensional (2D) diagrams and pho-tographs can only show a fraction of a given scene. A 2D rendering cannot

WP March 2021

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including Transportation for individuals across Ontario who require special care and attention before, during, and

after the ride.

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accurately provide measurements of height or depth relative to structures inthe same space; 3D simply gives engineers more data and information. Withthe FARO 3D Scanner, based on the point cloud data, the user can generateplan and profile views, as well as Isometric views (a combination of angle,plan, and profile together). The point cloud data obtained allows the user theability to have a ‘fly through’ animation performed without having to create a3D environment. Further, if something is not picked up visually at the scene ofan incident (for example, a specific measurement) it is nonetheless collectedby the scanner. This data can be documented and measured later with spe-cialized scene software. This wealth of data becomes critical when dealingwith witness statements, police reports, and related findings that must bedefensible. Engineers and adjusters require this information to confirm theaccuracy of findings—this is essential to their decision-making.

With more detail than a picture and taking less time than in-person meas-urements, the FARO 3D Scanner helped determine liability in this case withindisputable accuracy.

Thanks to the results collected, there was also opportunity to reduce acci-dents in the area. By identifying issues with the site layout, Pario was able torecommend corrective action and help prevent further incidents. Using theFARO 3D scanner also meant that the complete scan was done in just a fewhours (about 10 minutes per scan, with several scans at repositioned locationsto guarantee total coverage) as compared to the extensive time and expenseof a road closure. Personnel safety of onsite engineers was also a considera-

WP March 2021

The point cloud dataobtained allows the userthe ability to have a ‘flythrough’ animation per-formed without having tocreate a 3D environment.

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tion. Using the FARO 3D scanner, the team scanned from the side of thehighway versus having to go out into the road with a Total Station survey rodto measure points.

This is one example of how digital technology has changed the nature offorensic investigation. Today’s forensic testing technology minimizes disrup-tion, expediates reconstruction and hence, supports a reduced file cycle timein analysis and reporting. It reduces costs, the number and frequency ofrequired on-scene personnel, and hours worked. It also supports comprehen-sive, unchallengeable reports for legal proceedings as an outcome of the levelof detail and quality of information gathered.

Marijan (Mario) Smolej, P.Eng.Senior Forensic Engineer – Motor Vehicle ReconstructionMario is an accomplished Forensic Engineer with over 25years’ experience and over 1,500 investigations into motorvehicle accidents in his career. As an educator, he has pre-sented numerous seminars shared with the legal, insuranceand engineering communities, and is the author of articles on

automotive event data and human impact tolerances.As Pario’s National Technical Lead, Mario heads up the Motor VehicleReconstruction Division, who service clients across Canada.

WP

FOR

ADYOURYOURIN THIS MAGAZINE

Please Contact: Tena Allen

Tel: 1-866-688-3888 ext. 6324680

Fax: 1-800-403-4457

E-mail: [email protected]

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OUR DIGITAL REACH

FACEBOOK FOLLOWERS

TWITTER FOLLOWERS

UNIQUE WP RADIO LISTENERS

LINKEDIN CONNECTIONS

AND GROWING...

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1,500+2,

1,2

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The 55% Threshold for Catastrophic Determination: Is This a Catastrophic Error?

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The purpose of this article is to explain

the significant errors in the American

Medical Association (AMA) Guidelines to

the Evaluation of Permanent Impairment,

6th edition (Guides), Chapter 14, for assign-

ing percentage ratings to psychological

impairments. The shortcomings warrant

removal of the current methodology for

combining physical and psychological

percentage impairments used in the Guides

which are applied to criterion 3.1 (1) 7

from the Statutory Accident Benefits

Schedule (SABS), for accidents on and

after June 1, 2016. While it is necessary to

consider both psychological and physical

factors for evaluating whole person

impairment, the current methodology

using percentages is inadequate.

By Dr. Jonathan Evan Siegel, Chendur Gandhidoss and Dr. Susan Moraes

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A Statistical and Psychological Perspective.

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THE THREE PSYCHOLOGICAL TESTS DESCRIBED IN CHAPTER 14 OF THE AMA GUIDELINES TO THE EVALUATION OF

PERMANENT IMPAIRMENT (6TH EDITION)

WP March 2021

BRIEF PSYCHIATRIC RATING SCALE (BPRS) This inventory consists of 24 symptom constructs, using a 7-point scale(ranging from no impairment to extremely severe impairment). The rangeof BPRS scores for each of the 24 psychological constructs is from 1 to 7.The numbers 1 – 7 represent an increase in severity of the psychologicalproblems. Some examples of symptom constructs: Self-neglect; Hostility;Depression; Anxiety; Suicidality, etc. Raw scores are associated with percentage ratings, in Table 14-9, page 357.

GENERAL ASSESSMENT OF FUNCTIONING (GAF) On page 358 of the Guides, Table 14-10, there are GAF descriptors corre-sponding to a range of raw scores on the left-hand side of the page andassociated percentage impairment ratings on the right side. The lower theGAF score reflects the more severe psychological impairments while thehigher score reflects fewer psychological impairments. Although theDiagnostic Statistical Manual (DSM-5) eliminated the use of the GAF

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(which was previously used in DSM-IV) because of “its conceptual lack ofclarity” and “questionable psychometrics” (page 16 of the DSM-5), theGAF continues to be used in the Guides, despite these identified short-comings.

PSYCHIATRIC IMPAIRMENT RATING SCALE (PIRS) This inventory consists of 6 scales of functional impair-ment: 1. Self-Care, Personal Hygiene, and Activities of Daily

Living 2. Role Functioning, Social and Recreational Activities 3. Travel 4. Interpersonal Relationships 5. Concentration, Persistence, Pace 6. Resiliency and Employability

Each of the scales has five ratings ranging from nodeficit to totally impaired. When all six raw scores arelined up from lowest to highest, the evaluator takesthe middle two scores and sums these together. Thesummed scores have corresponding precise percentage ratings (Table 14-17, page 360).

ORDINAL, INTERVAL, and RATIO SCALES The three psychological tests in the Guides are being treated as intervalscales. An interval scale, where integers are assigned to specific descrip-tors, assumes that the distance between any two consecutive integers isequivalent. However, it is necessary to emphasize that this assumptionmay not be correct. For example, the increase in the nature and severity ofdepression for hypothetical Mary from a self-reported score of 2 to 3 isnot necessarily equivalent to the increase in depression for Mary asbetween 5 and 6. For most psychological constructs, however, it is proba-bly more reasonable to assume that the raw scores are measured on ordi-nal scales.

An ordinal scale means that the categories are naturally ordered inincreasing magnitude, but the distance between any two consecutive cat-egories is unspecified and unknown. For example, we know that an indi-vidual with a score of 6 for any one construct suffers more severely thananother individual with a score of 2 on the same construct. However, wedo not know the precise degree of increase in severity from a score of 2 toa score of 6. Furthermore, we do not know if the degree of severity from ascore of 2 to 3, for example, is the same as the degree of severity from 6to 7. This principle would apply to any two scores on the 7-point scale.

An ordinal scale does not allow for conducting mathematical operationson the scores obtained. Intervals scales do permit these mathematicaloperations and this is what is being done in the Guides, Chapter 14. Thatis, it is only because we are making an assumption that the raw scores areinterval scales – which in itself is questionable – that each of the three

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psychological tests give rise to a raw score which is then translated into apercentage rating.

Percentage ratings are ratio scale of measurements which have a truezero value, unlike either ordinal or interval scales.

We are proceeding with the assumption that the raw scores are meas-ured on an interval scale, with the above noted caveat.

PROBLEMS WITH THE CHAPTER 14 GUIDES SCALES Notice that for each of the three psychological tests in the Guides, we areobtaining raw scores using an interval scaleand then transforming those scores into per-centages (ratio scales). In order to do thisproperly, a mathematical and scientificframework with justification needs to beprovided as part of the methodology.This was NOT provided in the Guides, 6thedition.

The interval level of measurement is alower level of measurement when comparedto the ratio scale. It is important to note thatthere is no straightforward method to convert raw scores on each of the three psychological tests into percentages.

This problem applies to all three psychological tests used in the Guides. 2. In Table-14, there are percentage scores for each of the range of BPRSsummed scores: 0%, 5%, 10%, 15%, 20%, 30%, 40%, 50%. There isno rationale for the following: (A) first, the percentages themselves. Why are these specific percentagesbeing used? We understand conceptually that the lowest scores arereflecting no impairment (0%) and the very highest score should reflectmaximum impairment (the Guides set this at 50%). However, the percent-ages in between 0% to 50% seem to have been chosen arbitrarily, without any scientific or mathematical reason. There are no reasons givenin the Guides to explain why, for example, the units initially increase by 5 percentage points but then from 20% they start to increase by 10 percentage points. It appears arbitrary.

(B) Why is 50% chosen as the maximum level of psychological impair-ment in the Guides? This question is pertinent because the thresholdfor determining catastrophic impairment (this includes both physicaland psychological impairment) as per current Ontario legislation (SABS),is 55%.

For example, if hypothetical Bob was deemed to have very minimalphysical impairment (e.g. 5%) and Bob had the maximum psychological

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impairment possible (50%), then using the formula for combing physicaland psychological impairments in the Combined Values Chart (the formulaA + B (1-A), where A is the physical impairment and B is the psychologicalimpairment, both in decimals, and then multiply final answer by 100,gives the combined percentage), we have 0.05 + (0.50) multiplied by (1.0– 0.05) which all equals 0.525 or 52.5% impairment.

Although Bob’s score reflects the most severe psychological impair-ment possible, he still does not reach the 55% threshold. Of note,this conclusion would also apply if the physical impairment were any

score below 10%.The legal definition of catastrophic impair-

ment would make the terms ‘catastrophicimpairment’ unrecognizable to any reasonableperson. This is because a reasonable personwould conclude that someone who has a ratingthat is the highest possible score for psycholog-ical dysfunction should be determined to havesustained a catastrophic impairment.

3. There is no rationale in the Guides for conver-sion of the raw scores on the BPRS (which areprovided as different ranges) corresponding toeach range of raw scores. Why is it that a rangeof raw scores are being mapped to a single percentage value? This is a problem because it

assumes that all raw scores in a range reflect an exact level of impairment.A raw score of 24 and a raw score of 30 both have a correspondingvalue of 0%. However, we know that a raw score of 24 is not the sameas the raw score of 30 on any single construct because a score of 30captures a greater level of severity than a score of 24 on any single construct. Why then assign them both a score of 0%? The Guides provide no rationale or explanation.

4. When assigning a final psychological percentage rating (to be addedto any physical impairment, to come up with a Whole ImpairmentRating), the current methodology requires the psychologist to providea percentage impairment for each of the three psychological tests and then to choose the middle value (median). This very methodologyexposes two error components: (a) lack of reliability among the tests;(b) the real uncertainty of which test is the best estimate of impair-ment.

In an example given on page 366 of the Guides, the scores for theBPRS, GAF, and PIRS are 15%, 5%, and 10%, respectively. The middlevalue is 10%. This is the figure which is then used for determination ofpercentage psychological impairment. But this shows us that the REALpercentage impairment has a range of percentages (analogy of confi-dence intervals) and not one single percentage. The arbitrator may

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mistakenly think that 10% is precisely 10%. However, this 10% is only anestimate, and in the above example, there is a 5% error in estimation,analogous to a 5% margin of error for a confidence interval centeredaround one single estimate.

5. There is no reference to the confidence intervals and associatedmargins of error for any of the three psychological tests in the Guides.This is another, third source of error in the methodology. This is impor-tant because just as there is error in the estimation for percentages asnoted in point (2) above, there is invariably goingto be variability in the raw scores obtained foreach of the psychological tests.

In addition to the two errors noted in point 4above, we now have a third source of error. Morespecifically, we now have an additional error associ-ated with raw scores in addition to the two afore-mentioned errors associated with the percentages.These three sources of error are not addressed inthe Guides, 6th edition.

The AMA GUIDES, 4TH EDITION IS CORRECT.WHY THE CHANGE In The 6th? On page 301 of the AMA Guides to the Evaluationof Impairment, 4th edition, there is explicit recogni-tion that percentage ratings cannot be applied tomental disorders.

The Guides, 4th edition notes: “A more persuasive argument is that,unlike the situation with some organ systems, there are no precise meas-ures of impairments in mental disorders”. The authors note that the use ofpercentages “implies a certainty that does not exist, and the percentagesare likely to be used inflexibly by adjudicators, who then are less likely totake into account the many factors that influence mental and behavioralimpairment. Also, because no data exist that show the reliability of theimpairment percentages, it would be difficult for Guide users to defendtheir use in administrative hearings.”

The authors correctly note: “Translating these guidelines for ratingindividual impairment on ordinal scales into a method for assigning per-centage of impairments, as if valid estimates could be made on preciselymeasured interval scales, cannot be done reliably.”

There is no explanation given in the Guides, 6th edition, for continueduse of percentage ratings for psychological impairments, which is bothbaffling and problematic.

CONCLUSION The current methodology in the AMA Guidelines, 6th edition, Chapter 14,for conversion of raw scores to percentage ratings is flawed. This articleaddresses three sources of error in the current methodology for rating

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psychological impairments. It is important that arbitra-tors and judges be made aware of the significanterrors associated with assigning a single point cata-strophic percentage impairment rating.

Jonathan Evan Siegel earned hisBachelor’s degree in physiological psychology from McGill University in1978, both his Master’s degree (1982)and Doctorate in counselling psycholo-gy (1986) from the University of

Toronto. Dr. Siegel specializes in both providing psychological assessments for individuals involved inaccidents as well as addictions.

Chendur Gandhidoss earned hisBachelor's degree in Quantitative andMathematical Economics and Statistics atCarleton University in 2013, his Master’sdegree in Probability and Statistics atCarleton University, in 2016, and is currently doing research in statistics.

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Dr. Susan Moraes earned her Master’sdegree (2010) and Doctoral degree(2013) in Clinical Psychology fromFielding University. Dr. Moraes is a registered psychologist in Ontario andhas a clinic in Mississauga (MindframePsychology Centre). She practices in

the areas of: Clinical Psychology, Clinical Neuropsy -chology, and Forensic Psychology, with children, adolescents, adults, couples, and families.

Disclaimer: The views and opinions expressed in this article arethose of the authors and are not necessarily endorsed by theOIAA, the editorial staff of WP or the Executive Council.

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OIAA 2020-2021 Ontario Chapter Executive OfficersGeorgian Bay (Barrie)President: TERESA MITCHELL, FCIP, CRM, FCLA, FCIAA, FIFAA Crawford & Company (Canada) Inc. BarrieVice- GREG DOERR, CIPPresident: Doerr Claims Services Inc. BarrieTreasurer: MARY CHARMAN, CIP Crawford & Company (Canada) Inc. BarrieSecretary: KAYLA GUY Crawford & Company (Canada) Inc. BarrieDirector: PATTI O'LEARY, CIP The Co-operators BarriePast LESLIE GUERETTEPresident Cunningham Lindsey BarrieChapter JOE CUMMING, FCIP, CRMDelegate: The Co-operators Barriewww.oiaagb.com

HamiltonPresident: JENNIFER ALLAN Brant Mutual Insurance Co. BrantfordVice- AIDAN McCARDLEPresident: Crawford & Company HamiltonTreasurer: JENNIFER ALLAN (interim) Brant Mutual Insurance Co. BrantfordSecretary: JANICE BROOKS (interim) Dumfries Mutual SheffieldDirector: JENNIFER HAMU, B.Soc.,CIP,CRM Crawford & Company (Canada) Inc. HamiltonPast JANICE BROOKSPresident: Dumfries Mutual SheffieldChapter LAURA O’HEARNDelegate: Maxwell Claims Services Hamiltonwww.oiaahamilton.com

Kawartha/DurhamPresident: BOBBI-JO STEPHENS,CIP,ACS The Commonwell Mutual Insurance Group LindsayVice-President: TBATreasurer: BOBBI-JO STEPHENS,CIP,ACS The Commonwell Mutual Insurance Group LindsaySecretary: HELEN SINCLAIR, CIP, ACS International Programs GroupDirector: JEFF STINSON, BA, FCIP ClaimsPro PeterboroughPast HELEN SINCLAIR, CIP, ACSPresident: International Programs GroupChapter RAY PROCTOR, BA, CIPDelegate: Pinnacle Adjusters Group Uxbridge

www.oiaakawarthadurham.com

Thousand IslandsPresident: SHARI HAMILTON PCA Adjusters, BellevilleVice- KERRI AMEY, CIP, CFEIPresident: Intact Insurance KingstonTreasurer: DUNCAN SOUTHALL PCA Adjusters, BellevilleSecretary: ERIN SHEARD ClaimsProDirectors: BEN BALDWIN, BA CIP Travelers CanadaPast BRAD WILSON, BBA, CIPPresident: Crawford & Company (Canada) Inc. KingstonChapter SARAH GRAVESDelegate: Crawford & Company (Canada) Inc.www.wearetiaa.com

Thunder BayPresident: ALISA HAINRICH Wawanesa Mutual Ins. Co.Vice- ANDY CONNELLPresident: Wawanesa Mutual Ins. Co.Treasurer: KIM LEPERE ClaimsProSecretary: CLAIRE RICHARDSON SedgwickDirectors: DAVID KIRYCHUK, BA,CFEI Crawford & Company (Canada) Inc. MARK SULLIVAN SedgwickChapter CLAIRE RICHARDSONDelegate: Sedgwickwww.oiaatbay.ca

WindsorPresident: GREG STEED, BA The Co-operators WindsorVice- JENNIFER OLSON, BA, CIPPresident: Crawford & Company (Canada) Inc. WindsorTreasurer: TENA ALLEN, BScL Desjardin General Ins. Group WindsorSecretary: MELISSA ROBB, BS, CIP Bartlet & Richardes LLP WindsorDirectors: CHRIS RENAUD, BA ClaimsPro WindsorChapter TENA ALLEN, BScLDelegate: Desjardin General Ins. Group Windsorwww.oiaawindsor.ca

NiagaraPresident: BOB MCCORD, FCIP, CFEI, CRM Leading Edge Claims Services FonthillVice- CHAUSSIE LAWSON, FCIP, CRMPresident: Portage Mutual Insurance Co. St. CatharinesTreasurer: CODY HULLEY, CIP Portage Mutual Insurance Co. St. CatharinesSecretary: MICHAEL RAGONA, CIP Sedgwick Canada Inc. St. CatharinesDirectors: JEFF EDGE, CIP, CFEI Leading Edge Claims Services Fonthill CHRISTINE ANDREWS,FCIP,CRM Sage Claims Solutions Inc. Hamilton CRAIG OZOG, CIP, CFEI Leading Edge Claims Services FonthillChapter CHRIS JOLLIFFE, B.Sc.,CIP,CFEIDelegate: Leading Edge Claims Services Fonthillwww.oiaaniagara.com

NorthernPresident: GIOVANNI ROCCA, CIP G. Rocca & Associates Consulting Inc. SudburyVice- BLAIR BOILARD, CIP, CFEIPresident: Crawford & Company Canada Inc. Elliot LakeTreasurer: MARK BORGOGELLI, CIP,CRM,CFEI Aviva Canada Inc. SudburySecretary: AUDREY TAILLON Claims Pro Inc.Directors DAVID K. MARSHALL Crawford & Company Canada Inc. Sault Ste. MarieChapter MIKE BOTTAN, CIP, CFEIDelegate: Crawford & Company Canada Inc. New Liskeard

OttawaPresident: RYAN REISS, FCIP, CRM, CFEI Economical Insurance Company LondonVice-President: TBATreasurer: CONAR MARCOUX, BA, FCIP, CFEI Crawford & CompanySecretary: SARAH SMITH, ACIP, CRM Economical Insurance CompanyDirector: PATRICIA MARTIN, BA(Hons), B.Ed, CIP Economical Insurance CompanyPast CINDY BRIDGE, CIP, CRM.President: Desjardins General Insurance Group, OttawaChapter CINDY BRIDGE, CIP, CRMDelegate: Desjardins General Insurance Group, Ottawawww.ovaa.ca

Kitchener-WaterlooPresident: ELLIE CELESTINE, BA, CIP The Co-operators General Ins. CambridgeVice- JEFF CRONK, BBA,FCIP,CRMPresident: Curo Claims Services WaterlooTreasurer: KAYLA HELMOND Crawford & Company (Canada) Inc. WaterlooActing CARRIE KEOGH, BA HonsSecretary: Gore Mutual CambridgeDirectors: STEPHANIE KLAGES Germania Mutual Ayton KERI JOHNSON The Co-operators General Ins. CambridgePast JAIME RENNER, CIPPresident: Economical Insurance WaterlooChapter JENNIFER BROWN,BSc,B.Ed,CIPDelegate: Economical Insurance Waterloowww.kw-oiaa.ca

LondonPresident: KATE BOYLE, B.A. (HONS), CIP McKillop Mutual Insurance Co. SeaforthVice- HEIDI BRONNENHUBER, B.A., CIPPresident: ClaimsPro Inc. LondonTreasurer: LINDA PEREIRA Lambton Mutual Insurance Co. WatfordSecretary: KELLY PECK-MCDONNELL,CIP Crawford & Company (Canada) Inc. LondonDirectors: ANGELA COWEN Economical Insurance London MICHELE FIELD, FCIP Trillium Mutual Insurance Co. Listowel MACKENNA FRANK, CIP Crawford & Company (Canada) Inc. London PAMALA CECCHIN, CIP,CRM Crawford & Company (Canada) Inc. LondonChapter JORDAN TREMBLAY, CIPDelegate: ClaimsPro Inc. Londonwww.londonclaimsassociation.com

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I am grateful for the third opportunity to submit this report on behalf of theNorthern Chapter. This year, despite Covid filled gulls, I thought it would be inter-esting to share some experiences from colleges in the North. I asked them to becandid and promised anonymity. I hope you find both similarities and some differ-ences from your Northern Friends, enjoy the shared experiences.

Covid has changed our world in so many ways, working remotely and virtual schooling.We have adapted to a cautious lifestyle which has lead to wash-ing groceries, quarantining items, taking multiple showers and clothing changes aday. As well as avoiding gatherings, and outside social distance visits only.

To stay positive, we spend a lot of time outside, and quality time as a family.We do social distance outside visits with loved ones, and look forward to the newnormal as things continue to change.

Working remote while assisting with virtual learning has challenges but manypositives. We get to spend more time with our children and are able to watchthem learn and grow. We have found ways to be efficient and have adaptedwell. Balance some days is a challenge, but the safety of our family is the mostimportant thing at this time of unknown.

This too shall pass, a saying we have become accustom to.

Two to five. Our household was fairly quiet pre COVID-19 but got busy shortlythereafter. Our oldest son and his girlfriend were laid off or had reduced hoursmaking it difficult to cover cost of living such as rent, car payments and groceries.We accepted them into our home and suddenly had to create a larger makeshiftbedroom to accommodate the two along with a separate living area as everyoneneeds their own privacy. Our other son was scheduled to go to Australia for ayear which was cancelled due to COVID-19 travel restrictions set forth by bothCanada and Australia. He as a result remained with us after being almost fullypacked and ready to go. My wife had downsized our home as the two boysappeared to be moving on in their right and had purged most of our things tolive a simpler lifestyle. Suddenly like many others, we were facing renovations toaccommodate all five of us (and a senior dog) along with purchasing items thatwe had just given away to charities. Things changed in a hurry especially for mywife who does most of the cooking as she was now feeding five instead of thetwo of us. Scheduling of showers, parking arrangements (both boys have owncar) became fun to figure out. It’s different when your kids are young and youcan simply watch a movie or play a board game(I guess I’m old – still like boardgames). These kids enjoy their own programs, video games and don’t quiteunderstand the concept of board games. Throughout, I will say it’s been a chal-lenge and we all look forward to everyone moving on once again in their livesbut I’m sure I’ll look back in a few years and appreciate that extra time we sharedwith the boys.

Mike Bottan, CIP, CFEI, Northern Delegate

Final Report

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My wife and I are very fortunate. When COVID-19 hit us, I was already ahome based worker and Jane earned “hazard pay” of $50/day for a fewweeks assisting her masked, vetted and barriered customer group, then gotpaid to stay home for a month. After 14 days with my public facing wife athome, our daughter the nurse “allowed” us to go see our granddaughter inperson and get some long overdue hugs. Personally I think they needed abreak from that perpetual motion machine. We have double bubbled withthem for most of the pandemic and limited contact with our son to chattingin his driveway and texting/calling. I am my mom’s LCBO errand boy andhope she is sharing that wine with her senior’s facility neighbours. Toughtimes for everyone, but I think we all saved a few dollars on dining out untilpatios were opened and it was a chance to get out and enjoy someone else’scooking for a change. As well, we have a cottage and with no immediateneighbours and no need to interact with any of the businesses there, wewere still able to go to camp and social distance. With the granddaughterand granddog of course.

On the down side, the fully paid motorcycle trip to Europe got deferred to2021 (2022?) is a source of stress as we see how things play out. Undaunted,the boys made plans to move the Newfoundland trip up a year. Didn’t hap-pen. Neither did plan B to Alberta or Plan C to Southern Ontario. We went toKenora, and out of respect for my adjusting friends up there will say it is anice little town in Northern Ontario my buddies had never seen. 200 klicksfurther would have put us in Asheville, NC and the Blue Ridge mountains,which tells you how large the North really is. I will say, it was nice to see someof Northern Ontario’s road through the eyes of riders who had never riddenalong the Lake Superior shoreline or enjoyed the splendor of the CanadianShield. Enough already, let’s put COVID to rest and ride the Stelvio Pass. Vai veloce!

Well certainly volume of business has dropped significantly, due toCOVID-19 and insurers internalizing claims handling. The shift of claimsprocessing has altered the way we do business, and now encourages homeoffices, virtual investigations and diminished actual road work. Clearly, thishas produced a negative financial outcome.

Despite the black and white realities of the new way to handle claims,another major consequence is the lack of socialization with clients, involvedparties and business associates. Prior to COVID-19, a daily routine would beto greet individuals in the office environment and to attend various business-es, residences and professional offices. There is a definite sense of isolation,especially for those who are exclusively working from home.

There is hope the situation will change in 2021 and see our industry returnto somewhat normal.

WP March 2021

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We are very fortunate to have raised 5 children and they are all healthy andemployed. We really feel for those who are currently raising children - trying towork from home and parent at the same time. That would be very, very challenging.

We are fortunate to live in Elliot Lake where there have been minimal cases ofCovid-19. One of our adult children has moved home to work out of the houseand therefore the empty nest did not last too long – but all is good!

We are spending a lot of time outdoors during these times – doing lots of hiking and outdoor activities. It has been a very interesting and possibly goodexperience to slow the pace of life down - minimize travel and events in the last 8months. While we miss the social aspect, it is really a small price to pay so every-one is safe.

As we all know, it is not forever. Let’s hope for a return to some sense of “normal”in late 2021, so we can all gather.

My husband and I first heard the whisperings of COVID when we leftCanada January 30th and headed to San Juan, Puerto Rico to embark on aseven day cruise. We had not cruised for several years and noted that the shipseemed to have more hand washing stations, hand sanitizer out and crew distrib-uting it, than would be considered normal. Thinking back to the news we hadheard prior to leaving Canada, we knew that something was in the wind.

Upon our return to Canada, we then began to hear in the news of the spreadof the virus in China and to the rest of the world. We watched the news as thestory unfolded with all the warnings about travel, distancing, hand washing andthe overloads that our Emergency Departments and first line workers were havingto face on a 24- hour basis.

My husband, who has cancer, which is in remission as we speak and myselfhaving asthma, both knew that we had to be extra cautious to ensure neither ofus contracted the virus. We put ourselves into an isolation mode prior to theprovince being shut down on March 6th.

We have learned many new things about ourselves since the isolation beganand that we can binge watch a series, work on puzzles for hours, find new waysto keep physically active in our home and have had the joy of our dog to keep uscompany.

COVID has had some positives for us in being we both embarked on a bettereating system/weight loss, purchased a treadmill to get more activity in when wecannot get outdoors, began to learn a new language and decided that we need-ed to look at our retirement plan a bit closer now.

One take away from our isolation is that we have decided that perhaps takingretirement sooner to allow us to enjoy more of life, will be sooner than we hadthought we would do it.

Once the borders re-open, we will not put off any of the travel that we havebeen talking about doing and go out and spend our time meeting new people,visiting new places and lending a helping hand.

WP

Mike Bottan, CIP, CFEI, Northern Delegate

Final Report

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Frankly I was at a loss… What to write about? Hmm… I’m tired of hearing about USpolitics, the precarious state of the economy, catastrophic weather events, COVID-19limitations and restrictions, all the cannots and all the negatives. I don’t want to takeour current reality lightly, but it is tiresome.

This article is being published in the March edition of the WP. Hmm…

And then my thoughts turned to Spring. Immediately my mood lifted. Spring is in the air.White snow-drops, pastel crocuses and bright yellow daffodils are pushing through theearth. Robins are re-appearing in the trees. Daylight hours are getting longer. Temperaturesare getting warmer. Hibernating animals are waking up. Children are putting on their rubber boots and searching for puddles to jump in. How we look forward to these signsthat the season is changing. Spring officially arrives this year on March 20th. And withSpring comes a sense of renewal. It is a time of light-heartedness after the heaviness ofWinter. It is a time of awareness. It is a time to look beyond ourselves, make sure thosearound us are well and to be charitable to others. It is a time to take stock and make a planfor the tasks to be undertaken in the days to come. I think of Spring as a time of hope.

“Hope springs eternal.” - Alexander Pope

Hope Floats…? A 1998 romantic-comedy starring Sandra Bullock and Harry Connick Jr., 6.1/10on iMDb, 26% on Rotten Tomatoes, liked by 85% of Google users. Oops, sorry…I digress.

This Springtime is the 1st anniversary of COVID-19’s real emergence into our lives here inCanada. The world has suffered so much. It would be difficult to find someone untouchedby the pandemic, whether directly or consequentially. While it is a challenge to let go ofthe lingering negative thoughts that the pandemic has caused, my wish is that we are allable to replace those thoughts with real hope for better days. As you head outdoors, lookto the sky and take a deep breath of crisp Spring air, I hope that you will be filled with asense of expectancy.

I want to leave you with some famous thoughts:

“Hope is being able to see that there is light despite all the darkness.” - Desmond Tutu

“Hope is important because it can make the present moment less difficult to bear. If webelieve that tomorrow will be better, we can bear a hardship.” - Thich Nhat Hanh

“The best way to not feel hopeless is to get up and do something. Don’t wait for goodthings to happen to you. If you go out and make some good things happen, you will fill theworld with hope, you will fill yourself with hope.” - Barack Obama

Here’s to hope-filled days for you, your family and friends.

WP

Tena Allen, Windsor Delegate

Final Report

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• The WP Magazine is the official journal of the OIAA (Ontario Insurance Adjusters Association).

• We have over 1,000 members.

• WP is fully digital and available to everyone.

• We currently have a social media following of over 2000Insurance people and you will receive further value as these editions stay on the website continuously.

• As a social member and advertiser in the WP magazineSeptember 2020 – June 2021 year, we will be pleased to offer you a free resource link on our website - www.oiaa.com

• The cost to advertise in WP magazine to reach a large group of potential clients is extremely reasonable - see below.

Please give consideration to advertising in WP and contact me if you have a question or visit our website at www.oiaa.com.

I look forward to hearing from you.

Tena Allen, WP Advertising ManagerPhone: 866-688-3888 ext. 6324680 E-mail: [email protected]

Advertise with us because…

Without Prejudice

WP ADVERTISING RATES Prices are for space only – Sept. 2020 to June 2021

Single Five Ten Member/Social Member PricingSize Issue Issues Issues Single Issue 5 Issues 10 Issues 15% discount 20% discount 20% discount

Full Page $855 $810 per issue $783 per issue $726 $648 per issue $626 per issue

2/3 Page $720 $679 per issue $648 per issue $612 $543 per issue $518 per issue

1/2 Page $598 $567 per issue $540 per issue $508 $453 per issue $432 per issue

1/3 Page $504 $477 per issue $454 per issue $428 $381 per issue $363 per issue

1/4 Page $405 $382 per issue $360 per issue $344 $306 per issue $288 per issue

1/6 Page $301 $283 per issue $270 per issue $256 $226 per issue $216 per issue

Official Journal of the Ontario Insurance Adjusters Association

Social Member is a currentmember (with no outstandingmembership dues) of either theProvincial Chapter (includingToronto) or the local chapters(Georgian Bay, Hamilton,Kawartha-Durham, Kitchener-Waterloo, London, Niagara,Northern, Ottawa, ThousandIslands, Thunder Bay, andWindsor). In order for a business to qualifyfor the discounts outlined below,at least 5 employees of the business must be social membersor if the business has less than 5 employees, all the employeesmust be social members.

WP radio ads are available, Please contact Terry Doherty at: [email protected]

Ads must be submitted in Press Quality High-Resolution PDF or JPEG formats. The resolution of all images should be at least 300 dpi. For details on publishing schedule and dimensions of ads please go to www.oiaa.com

Great rates this year!10% off last years rates for non-members and 15%-20% off the new rates for social members

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WP MAGAZINE IS DIGITAL

WP Magazine is onlyoffered digitally!

The magazine willhave all ten issuesavailable online toeveryone. This completely expands the reachand audience for our articles andadvertisements!

We want everyone to have access to education and industry news.

The OIAA is looking forward to another great year and we hope to see you all soon!