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Five more insurance firms sued for withholding HST from accident victims

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Five more Canadian insurance companies have been served with class action lawsuits — in addition to six others first reported by the Star this month — for withholding medical benefit HST payments from car accident victims in violation of the provincial regulator.

After just a week, scrutiny of the issue inspired some reconsideration by the industry, the Star’s investigation has found.

Paul Harte, one of the lawyers involved in the proposed class-actions, says they have been overwhelmed with calls since last week’s story in the Star. He says the “unfair practices we identified appear to be widespread.”
Paul Harte, one of the lawyers involved in the proposed class-actions, says they have been overwhelmed with calls since last week’s story in the Star. He says the “unfair practices we identified appear to be widespread.”  (Andrew Francis Wallace / Toronto Star)

Co-operators, Wawanesa, Economical, Commonwell and Echelon were served individual lawsuits Thursday, each alleging $100 million in damages for HST costs on medical benefits that were passed on to claimants. The practice, according to the claims, is in defiance of repeated demands from the Financial Services Commission of Ontario (FSCO), which regulates the industry.

A week earlier, Intact, Aviva, Unifund Assurance, Belairdirect, Certas Direct and Allstate received nearly identical claims.

The 11 suits, which have not been certified or tested in court, now claim a total of $1.1 billion in damages.

Each statement of claim alleges the companies engaged in “unfair or deceptive acts or practices” by failing to pay or reimburse HST on medical benefits or by including HST in calculating a claimant’s benefit limits.

Since 2009, FSCO has issued a dozen notices and guidelines to the industry making clear HST on medical benefit claims is to be paid by insurers.

Spokespersons for all 11 companies either declined or did not respond to requests for interviews. Only Aviva issued a written statement earlier this month, saying the company “has followed the industry position on HST being included within the maximum benefit amounts … and continues to support this interpretation.”

A week later, new statements from two of the largest insurers signalled change.

On Friday, Intact spokesperson Hazel Tan wrote: “We can confirm that we are paying the HST and are not counting it towards the cap, as per current FSCO guidelines.”

A statement Thursday from Aviva spokesperson Fabrice De Dongo continued to defend the company’s HST policy but offered a more conciliatory tone:

“On behalf of our customers, we have actively and repeatedly sought clarification from the government regarding the tax handling on goods and services provided to our customers. This is part of our commitment to continually explore ways to reduce or eliminate complexity for them, and to increase trust in the insurance industry overall.”

These insurance companies are among 11 now facing class-action lawsuits for failing to pay or reimburse HST to accident victims on their medical benefit claims.
These insurance companies are among 11 now facing class-action lawsuits for failing to pay or reimburse HST to accident victims on their medical benefit claims.  (Logos supplied)

An Oct. 18 email from an Aviva claims representative to a claimant — obtained by the Star — says FSCO’s direction to the industry on HST payments is “incorrect and inconsistent,” and says that the regulator’s statements “do not operate to create or change the law.”

“In the absence of legislative change or binding judicial authority to the contrary, Aviva intends to maintain its position that any applicable HST is inclusive of the benefit limit,” the email reads.

Aviva declined a request for comment on the email.

The Insurance Bureau of Canada, which represents the industry, declined to comment on the lawsuits. A statement from the association says the industry is “committed to working with government to provide clear, definitive guidance and to help return injured motorists to good health.”

FSCO is also named in the claims as a defendant for allegedly failing to ensure the “government-designed, mandatory insurance was operated fairly.”

The Star has obtained letters of complaint to FSCO — from injury advocates and the Ontario Trial Lawyers Association — dating back to 2015.

In an August 2016 response to the Trial Lawyers Association, FSCO chief executive Brian Mills wrote that the regulator continues to monitor the issue and that “those insurers who, to FSCO’s knowledge, have failed to pay HST … have indicated that they will follow the direction set out by (FSCO) in future.”

FSCO declined repeated requests for an interview. A written statement Friday said the agency is “aware of the recent statements of claim involving FSCO. As the matter is before the courts, FSCO is unable to comment further.”

Paul Harte, one of the lawyers involved in the proposed class actions, says the lawsuits have revealed there is no clear industry position on whether insurers should cover HST costs in car accident medical benefits.

“We have learned that some auto insurance companies have been following the rules all along. Others, such as Intact, have acknowledged their error and have agreed to change their policies. A handful of companies, including Aviva, continue to shortchange their customers. The marketplace may decide this issue before the courts.”

Harte said that since the Star’s first news story, the lawyers have been overwhelmed with calls and that the “unfair practices we identified appear to be widespread.”

Robert Cribb is a Toronto-based investigative reporter. Follow him on Twitter: @thecribby

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Nostalgia and much more with Starburst XXXtreme

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Get a taste of adventure with Starburst XXXtreme based on the legendary NetEnt Game. The nostalgic themes are sure to capture fans of the classic version as they get treated to higher intensity, better visuals, and features. The most significant element of the game is its volatility. Patience will not be an essential virtue considering the insane gameplay, and there is a lot of win potential involved. It retains the original makeup of the previous game while adding a healthy dose of adrenaline. 

Starburst Visuals and Symbols

The game is definitely more conspicuous than before. The setting happens over a 5-reel, 3-row game grid with nine fixed win lines, which function if a succession from the left to the right reel is present. Only those players that that attain the highest win per bet line are paid. From a visual standpoint, the Starburst XXXtreme slots illustrates lightning effects behind the reels, which is not surprising as it is inherited from the original version. Available themes include Classic, Jewels, and Space. The game is also available in both desktop and mobile versions, which is advantageous for players considering the global pandemic. According to Techguide, American gamers are increasingly having more engaging gaming experiences to socialize to fill the gap of in-person interaction. Starburst XXXtreme allows them to fill the social void at a time when there is so much time to be had indoors. 

Starburst XXXTreme Features

Players get to alternate on three features which are Starburst Wilds, XXXtreme Spins, and Random Wilds. The first appears on reels 2,3, or 4. When these land, they expand to cover all positions while also calculating the wins. They are also locked for a respin. If a new one hits, it also becomes locked while awarding another respin. Starburst XXXtreme offers a choice between two scenarios for a higher stake. In one scenario with a ten times stake, the Starburst Wild is set on random on reels 2,3, or 4, and a multiplier starts the respin. The second scenario, which has a 95 times stake, starts with two guaranteed starburst wilds on reels 2,3, or 4. it also plays out using respin game sequence and features. The game also increases the potential with the Random Wilds feature to add Starburst Wilds to a vacant reel at the end of a spin. Every Starburst Wild gives a random multiplier with potential wins of x2, x3, x5, x10, x25, x50, x100, or even x150.

The new feature is sure to be a big hit with the gaming market as online gambling has shown significant growth during the lockdown. AdAge indicates the current casino customer base is an estimated one in five Americans, so Starburst XXXtreme’s additional features will achieve considerable popularity. 

What We Think About The Game

The gambling market has continued to diversify post-pandemic, so it is one of the most opportune times to release an online casino-based game. Thankfully Starburst XXXtreme features eye-catching visuals, including the jewels and space themes. These attract audience participation and make the gameplay inviting. The game also has a nostalgic edge. The previous NetEnt iteration featured similar visuals and gameplay, so the audience has some familiarity with it. The producers have revamped this version by tweaking the features to improve the volatility and engagement. 

That is characterized by the potential win cap of 200,000 times the bet. Starburst XXXtreme does not just give betting alternatives for players that want to go big. The increase of multipliers also provides a great experience. If the respins in the previous version were great, knowing that multipliers can go hundreds of times overtakes the game to a new level. 

Players should get excited about this offering. All of the features can be triggered within a single spin. Whether one plays the standard game or takes the XXXtreme spin route, it is possible to activate all of the features. Of course, the potential 200,000 times potential is a huge carrot. However, the bet size is probably going to be restricted and vary depending on the casino. It is also worth pointing out that a malfunction during the gameplay will void all of the payouts and progress. Overall, the game itself has been designed to provide a capped win of 200,000 times the original bet. 

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Anglais

‘We’re back’: Montreal festival promoters happy to return but looking to next year

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In downtown Montreal, it’s festival season.

In the city’s entertainment district, a musical act was conducting a sound check on stage Friday evening — the second day of the French-language version of the renowned Just For Laughs comedy festival. Tickets for many of the festival’s free outdoor shows — limited by COVID-19 regulations — were sold out.

Two blocks away, more than 100 people were watching an acoustic performance by the Isaac Neto Trio — part of the last weekend of the Festival International Nuits d’Afrique, a celebration of music from the African continent and the African diaspora.

With COVID-19 restrictions continuing to limit capacity, festival organizers say they’re glad to be back but looking forward to next year when they hope border restrictions and capacity limits won’t affect their plans.

Charles Décarie, Just For Laughs’ CEO and president, said this is a “transition year.”

“Even though we have major constraints from the public health group in Montreal, we’ve managed to design a festival that can navigate through those constraints,” Décarie said.

The French-language Juste pour rire festival began on July 15 and is followed by the English-language festival until July 31.

When planning began in February and March, Décarie said, organizers came up with a variety of scenarios for different crowd sizes, ranging from no spectators to 50 per cent of usual capacity.

“You’ve got to build scenarios,” he said. “You do have to plan a little bit more than usual because you have to have alternatives.”

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Anglais

MELS new major movie studio to be built in Montreal

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MONTREAL — MELS Studios will build a new film studio in Montreal, filling some of the gap in supply to meet the demand of Hollywood productions.

MELS president Martin Carrier said on Friday that MELS 4 studio construction will begin « as soon as possible », either in the fall or winter of next year. The studio could host productions as early as spring 2023.

The total investment for the project is $76 million, with the Quebec government contributing a $25 million loan. The project will create 110 jobs, according to the company.

The TVA Group subsidiary’s project will enable it to stand out « even more » internationally, according to Quebecor president and CEO Pierre Karl Péladeau. In the past, MELS Studios has hosted several major productions, including chapters of the X-Men franchise. The next Transformers movie is shooting this summer in Montreal.

Péladeau insisted that local cultural productions would also benefit from the new facility, adding that the studio ensures foreign revenues and to showcase talent and maintain an industry of Quebec producers.

STUDIO SHORTAGE

The film industry is cramped in Montreal.

According to a report published last May by the Bureau du cinéma et de la télévision du Québec (BCTQ), there is a shortage of nearly 400,000 square feet of studio space.

With the addition of MELS 4, which will be 160,000 square feet, the company is filling part of the gap.

Carrier admitted that he has had to turn down contracts because of the lack of space, representing missed opportunities of « tens of millions of dollars, not only for MELS, but also for the Quebec economy. »

« Montreal’s expertise is in high demand, » said Montreal Mayor Valérie Plante, who was present at the announcement.

She said she received great testimonials from « Netflix, Disney, HBO and company » during an economic mission to Los Angeles in 2019.

« What stands out is that they love Montreal because of its expertise, knowledge and beauty. We need more space, like MELS 4, » she said.

There is still not enough capacity in Quebec, acknowledged Minister of Finance, the Economy and Innovation Eric Girard.

« It is certain that the government is concerned about fairness and balance, so if other requests come in, we will study them with the same seriousness as we have studied this one, » he said.

Grandé Studios is the second-largest player in the industry. Last May, the company said it had expansion plans that should begin in 2022. Investissement Québec and Bell are minority shareholders in the company.

For its part, MELS will have 400,000 square feet of production space once MELS 4 is completed. The company employs 450 people in Quebec and offers a range of services including studio and equipment rentals, image and sound postproduction, visual effects and a virtual production platform.

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