• FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education

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Bill 12, Protection for Motor Vehicle Accident Victims and Other Consumers from Unfair Legal Practices Act, 2016 Current Status: First Reading Carried (September 14 2016)

The Bill amends the Law Society Act to prohibit licensees who provide legal services with respect to a personal injury claim involving the use of an automobile from receiving referral fees except on the successful completion or disposition of the claim. Regulations that are made by the Law Society, subject to the approval of the Lieutenant Governor in Council, can limit the amount of allowable referral fees.

The Bill amends the Insurance Act to cap the amount of recovery of the costs of assessments, examinations, tests, reports or other medical care or rehabilitation provided by a regulated health professional in claims for personal injury involving the use of an automobile.

The Bill amends the Solicitors Act. If a lawyer or a paralegal enters into a fee agreement with a client, the agreement must disclose how the fee is calculated. The disclosure must be consumer-friendly, namely in a clear, comprehensible and prominent manner. If the fee involves a percentage of the amount of damages recovered with respect to a personal injury claim involving the use of an automobile, the amount to be paid to the lawyer or paralegal as a fee for recovering the damages is limited to 33 per cent of the amount of the damages.

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