Personal Injury and Litigation Blogs
Canada’s Courts were Backlogged before the COVID Crisis
For several years, personal injury lawyers representing plaintiffs have told us many reasons that cases take too long. Litigious insurance companies, requests for overly detailed medical reports, centralization of adjusters, armies of experts, and defence counsel delaying tactics have all been mentioned. In addition, the court systems in many provinces have suffered systemic problems for years. In British Columbia, a record of 140 provincial Supreme Court trials, were postponed in
Are Motor Vehicle Accident (MVA) Injury Tribunals Fair?
Two provinces now have tribunals to handle some aspects of insurance disputes involving MVA personal injuries. British Columbia’s Civil Resolution Tribunal (CRT) was set up in 2016 to remove some small claims from the provincial court and some disputes from the B.C. Supreme Court. In 2019, the Attorney-General also moved minor personal injury claims (up to $5,000) out of court and into the CRT. The CRT’s administrative adjudication process is
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
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
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
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
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
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
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
