TORONTO – Lawyers in Ontario should have their fees for referring clients to another lawyer capped at a maximum of $25,000, a report released on Monday recommends.
In addition, the report says lawyers should have to record referral fees paid or received in their books, and report on their referral-fee practices in their annual reports to the body that regulates the profession in the province.
Most referral fees paid between lawyers will be under $5,000 if a recommendation to the Law Society of Upper Canada is accepted, a report reveals.
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Although recent changes to auto accident insurance benefits have eliminated the use of mandatory mediation, Toronto litigator and commercial arbitrator Marvin Huberman tells Law Times he’s looking to other provisions that have the potential to achieve settlements without going to a hearing under the new Licence Appeals Tribunal (LAT) system.
Choosing the right personal injury lawyer is an important task. Below you will find a list of questions PIA member firms have put together to help you with your decision.
Seemingly out of nowhere, institutional litigants, insurers and the third-party vendors they retain to support their obligations in responding to claims have been inundated with requests for disclosure on pain of complaints or actions to collect damages under the Canadian federal Personal Information Protection and Electronic Documents Act (PIPEDA). In some instances, parties or their lawyers directly approach non-parties such as medical experts and private investigation companies and demand production of documents separately from any disclosure procedures in the claims or law suits.
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Every year in Ontario there are over 30,000 car collisions where roughly 50,000 drivers, passengers, cyclists and/or pedestrians suffer personal injuries. While the vast majority of these injuries are fairly minor, hundreds more are considered major or catastrophic and may result in permanent disability. What every injury has in common is that it is an unanticipated injury; in the blink of an eye tens of thousands of people each year are suddenly confronted with injuries from car accidents, and usually such victims know very little about coping with such unexpected injuries.
We commonly associate post-traumatic stress disorder (PTSD) with combat injury and victims of assault, but motor vehicle accidents are also a leading cause of PTSD. Accident victims who were seriously injured in a motor vehicle accident or who witnessed someone seriously hurt or killed in an accident, may suffer PTSD symptoms as a result. In fact, recent studies suggest that about ten per cent of victims of serious car accidents develop post-traumatic stress disorder.
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Millions of vehicles in Canada, an estimated one in six, have an outstanding safety recall, and auto industry experts say not enough is being done to fix them.
These include cars with safety defects that may result in crashes, injury or death, according to the manufacturers.
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“The age of 25 is cited and used for lower rates,” said Pete Karageorgos, director, consumer and industry relations with the Insurance Bureau of Canada (IBC). “Typically, this is based on claims data, and drivers under age 25 usually record more crashes than drivers 25 and over.”
The Ontario Rehab Alliance commends Mr. Marshall for his thorough and thoughtful review of Ontario’s Auto Insurance: Fair Benefits, Fairly Delivered.
This report rightly focusses on the needs of injured persons and the importance of eliminating obstacles to timely access to treatment. The ORA urges consultation with stakeholders and cautious consideration by government on of how to bring about the suggested changes.