Personal Injury and Litigation Blogs
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
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
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
Registered Disability Savings Plans Update
We wrote a well-received article in 2015 about the Registered Disability Savings Plan (RDSP). The RDSP gives disabled people and their families a way to save and invest money for long-term security. To qualify, the disabled beneficiary must be: Eligible for the Disability Tax Credit (DTC); Under age 60; and A resident of Canada with a valid social insurance number. Anyone can contribute to an RDSP, including friends and
IBC Sponsors Report Questioning Contingency Fees
The Financial Post just reported the findings of a recent study funded by the Insurance Bureau of Canada (“Law professor questions whether contingency fees benefit clients”, Legal Post, January 18 2017). Professor Allan Hutchinson of York University’s Osgoode Hall Law School wrote A Study of the Costs of Legal Services in Personal Injury Litigation in Ontario. Professor Hutchinson acknowledged the access to justice and other benefits to plaintiffs arising from
