Personal injury law

  • Contingency fee changes to be hammered out

    Contingency fee changes to be hammered out

    Nov 27, 2017

    The benchers of the Law Society of Upper Canada are scheduled to vote this week on whether to approve proposed changes aimed at streamlining contingency fee retainer agreements and also increasing protection for consumers who enter into these contracts with lawyers.

  • OCA rules on jury questions

    OCA rules on jury questions

    Oct 16, 2017

    The Ontario Court of Appeal has dismissed an appeal in a medical malpractice decision that lawyers say will have important implications for how civil jury questions are framed in cases involving delayed diagnosis and multiple defendants.

  • Legal community watching class action

    Legal community watching class action

    Oct 2, 2017

    A proposed class action against a Toronto personal injury firm has been closely watched by the legal community because of the dispute over whether costs can be part of a retainer agreement in addition to amounts paid out as a result of a contingency fee.

  • Proceed cautiously on ABS

    Sep 25, 2017

    Ontario lawyers are currently being asked to share their opinions on alternative business structures in the province. If accepted, this would mean the delivery of legal services through civil society organizations to facilitate access to justice. I believe that alternative business structures — known as ABS — have the potential to have a positive effect in Ontario, especially when viewed from the perspective of increasing access to justice.

  • Contingency caution

    Sep 25, 2017

    Controversy over contingency fees isn’t new. However, a ruling this week in the family law realm has important takeaways. In Jackson v. Stephen Durbin and Associates, Ontario Superior Court Justice Thomas Lofchik ordered a Toronto law firm to refund a $72,000 premium it charged to a family litigant for the favourable result achieved at trial in a custody battle.

  • Court dismisses leave application in IME case

    Court dismisses leave application in IME case

    Sep 11, 2017

    The Ontario Court of Appeal has confirmed that employers can require employees to submit to an independent medical examination by a doctor of their choosing in certain circumstances. The court dismissed a motion seeking leave to appeal a Divisional Court decision that found an employer is justified in requesting such an examination as part of the duty to accommodate.

  • PI boutiques battle non-lawyer ownership

    Aug 14, 2017

    Personal injury boutiques are keeping up the fight against non-lawyer ownership of law firms after the Law Society of Upper Canada put the subject of Alternative Business Structures back on its agenda.

  • Court pushes back around vexatious litigation

    Aug 8, 2017

    The Ontario Court of Appeal has reversed a lower court decision to throw out a self-represented litigant’s claim as vexatious in a ruling lawyers say shows the province’s top court’s willingness to push back against broadening the rules around vexatious litigation.

  • Consensus forming over contingency fees

    Jul 24, 2017

    The use of contingency fees has been attracting critical attention over the last year, with a private member’s bill, an independent report and a Law Society of Upper Canada task force all targeting the issue.

  • No justification needed for accident benefit examinations: ruling

    Jul 17, 2017
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