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Blog on Personal Injury and Litigation

Tips for Successfully Recovering Litigation Loan Interest Charges

A plaintiff has already suffered serious personal injury and endured the financial hardship that accompanied it, not to mention the stress of a daunting court case. Your client should not also have to absorb litigation loan costs, which are clearly the responsibility of the insurance company. Insurance companies use delaying tactics, not to accumulate more information about the file to build a better case, but to force an injured plaintiff [...]

December 15th, 2020|Blog, Finance, Loan Interest, Paralegal|

ODSP and CERB/CSRB during the COVID-19 emergency

There has been some confusion about how the Canada Emergency Response Benefit (CERB) and Canada Emergency Student Benefit (CSRB) income programs will affect the income of Ontario Disability Support Program (ODSP) recipients during the COVID-19 crisis. For all ODSP applicants and recipients, CERB and CSRB payments must be reported, and are treated similarly to employment earnings: CERB: The first $200, and 50 per cent of each additional dollar, received in [...]

November 5th, 2020|COVID-19, Finance, Income|

Will COVID Hasten the End of Civil Jury Trials?

With the resurgence of COVID 19, the Ontario Superior Court has suspended jury selection in the “hot spots” of Toronto, Ottawa, and Brampton for one month. All settlement conferences will be conducted over Zoom. Whether to continue jury trials in progress will be decided by the trial judge. In-person non-jury trials and other in-person proceedings (including civil matters) in these courthouses may proceed if they conform to the modified Stage [...]

October 1st, 2020|Civil Jury Trials, COVID-19|

Medical Malpractice on the rise, while patients keep losing cases

Despite Canada’s vaunted medical “safety net”, our hospital system is not very safe, and injured patients seeking redress face a years-long battle with little chance of winning. On top of that, plaintiffs – as taxpayers – often pay the defendant’s bill. Canada’s patient safety performance is below the OECD average of 37 developed countries. Canadian Institute for Health Information (CIHI) 2019 data shows Canada’s overall performance aligns with the [...]

June 1st, 2020|Finance, Medical Malpractice|

Are some auto insurers more litigious?

We have interviewed many Ontario personal injury lawyers over the years, and there is a strong sense that auto insurance companies are increasingly likely to fight plaintiff claims. In earlier articles, we reported several factors driving this perception, including: Ontario legislative changes over the years allowed insurers to “bully” plaintiffs Adjusters used to be independent but now tend to work for the insurers “Americanization” of insurance companies’ tactics Defence [...]

The Perils of Paralegals

In recent months, Canada’s paralegals were hit by new rules from the federal government. And Ontario’s paralegals have been hit by provincial budget cuts. Bill C-75 In June, federal Bill C-75, designed to streamline and modernize the criminal justice system, received Royal Assent. The federal government is shifting some caseload away from Superior Court by increasing the maximum penalty for all criminal cases heard in provincial court (summary offences) to [...]

March 1st, 2020|General, Paralegal|

Effects of Cannabis on MVA’s

On October 17, 2018, cannabis sale and use became legal across Canada in a regulated market. To prepare for this, new federal legislation passed in June 2018 to deter and detect those who drive while impaired, by alcohol, cannabis, or other drugs. There are three new offences of having prohibited blood drug concentrations within two hours of driving. There is a straight summary conviction offence and two hybrid offences; one [...]

December 23rd, 2019|Blog, Car Insurance, Motor Vehicle Accidents|

How to Choose After The Event Insurance

In our previous article, we looked at the rapid growth of After The Event (“ATE”) insurance and how it has evolved to a wide range of product offerings. When assessing ATE insurance products, there are many considerations. A good “all perils” policy should include: Cover Disbursements, Adverse costs, Arbitration costs, and Interim cost orders Give Delegated Authority to the lawyer, giving you surety when speaking to clients. Cover the [...]

September 23rd, 2019|Blog, Finance|

After the Event Insurance (ATE) is Surging in Canada

Nudorra Capital is promoting the use of ATE Insurance products through a strategic relationship we have with a licensed Insurance Broker. The overwhelming advantages of costs, security, and protection, for both lawyer and plaintiff, speak for themselves. The most important attribute is that insurance companies are licensed and regulated, their capital is protected, and they have decades of global experience. The insurance product gives you Delegated Authority and courts are [...]

August 19th, 2019|Blog, Finance|

Changes to Ontario Disability Support Program (ODSP)

Changes to ODSP are still unfolding In late November, the Ontario government announced it is changing its definition for people qualifying for disability assistance. They had already announced they were cutting the Liberals’ 3% increase in social assistance to 1.5%. Lisa MacLeod, the Minister of Children, Community and Social Services, said the current social assistance system puts users in a "cycle of dependency," making it difficult for people to find [...]

July 22nd, 2019|Blog, Finance|

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