Author Archives: Admin4

What’s in a name: the doctors’ dispute and arbitration

Ontario’s Ministry of Health and Long-term Care is pushing for its protracted dispute with physicians over how they are paid to move to binding interest arbitration, but Toronto health lawyer Tracey Tremayne-Lloyd says doctors need to understand that this will impact the negotiation process — and possibly its outcome.

http://www.advocatedaily.com/tracey-tremayne-lloyd-whats-in-a-name-the-doctors-dispute-and-arbitration.html

Judge denies request to keep details about top-billing doctors secret

In a seven-page decision released Monday, Superior Court Justice Ian Nordheimer denied a request to keep the court and public in the dark about the doctors, pending a judicial review of an order from the province’s privacy commissioner to make the names public.

https://www.thestar.com/life/health_wellness/2017/03/14/judge-denies-request-to-keep-details-about-top-billing-doctors-secret.html

Civility is about placing client’s interests first

Practising law with civility is the most effective way to represent clients, says Toronto critical injury lawyer Rikin Morzaria.

Maintaining composure and acting in a way that puts the client’s interests first is the most important way to combat insulting, condescending behaviour from opposing counsel, says Morzaria, partner with McLeish Orlando LLP.

http://www.advocatedaily.com/rikin-morzaria-civility-is-about-placing-clients-interests-first.html

Paralegals in family courts ‘not the solution,’ Toronto judge says

The judges at Toronto’s 311 Jarvis St. courthouse — all of whom are family court judges — are “absolutely, 100 per cent opposed to having paralegals in family court,” one of the jurists told the Star.

https://www.thestar.com/news/gta/2017/03/14/paralegals-in-family-courts-not-the-solution-toronto-judge-says.html

In defence of lawyers’ contingency fees

Recent months have seen an unprecedented wave of negative coverage of personal injury lawyers. Much of the coverage has focused on the perceived prevalence of excessive or confusing fee arrangements and in particular contingency fees — the familiar “you don’t pay unless we win” deal in which a lawyer’s fee is contingent on achieving a financial recovery for the client.

https://www.thestar.com/opinion/commentary/2017/03/14/in-defence-of-lawyers-contingency-fees.html

IBAO supports bill limiting referral fees

The Insurance Brokers Association of Ontario (IBAO) has released a statement saying it supports MPP Mike Colle’s Private Members Bill 103, Personal Injury and Accident Victims Protection Act, 2017, introduced in the Ontario Legislature on March 8, 2017.

http://www.citopbroker.com/news/ibao-supports-bill-limiting-referral-fees-11933

Private member’s bill looks to cap lawyers’ contingency fees

A private member’s bill seeks to put a limit on Ontario lawyers’ contingency fees.

Bill 103 was introduced by Mike Colle, a Liberal MPP for Eglinton-Lawrence. If it is passed into law, the bill would amend the Law Society Act and the Solicitors Act in matters related to personal injury claims and client arrangements.

https://www.thelawyersdaily.ca/articles/2707/private-member-s-bill-looks-to-cap-lawyers-contingency-fees?category=news

Medical experts and the importance of being impartial

With growing scrutiny on expert witnesses, it’s important for medical specialists who prepare reports and testify before the courts in personal injury cases to adhere to evidence-based thinking and objectivity, says Toronto orthopedic spine and trauma surgeon Dr. Michael Ford.

http://www.advocatedaily.com/michael-ford-medical-experts-and-the-importance-of-being-impartial.html

First Costs Award Levied by LAT Against Insurer for Unreasonable Conduct: $250 for Breaching Production Order

The decision of B.F. v Wawanesa Mutual Insurance Company, LAT File No.: 16-000433/AABS, highlights the importance of complying with the terms of Orders issued by the Licence Appeal Tribunal (“LAT”), and the consequences of failing to comply with such Orders.

http://www.ztgh.com/resources/blog/first-costs-award-levied-by-lat-against-insurer-for-unreasonable-conduct-dollars-250-for-breaching-production-order

Editorial: A tart ruling

One hopes that Ontario Attorney General Yasir Naqvi took a look at an Ontario Divisional Court ruling issued recently.

The ruling in Gilbert’s LLP v. David Dixon Inc., 2017 ONSC 1345 (CanLii) is a sharp rebuke regarding the current state of the province’s assessment office.

http://www.lawtimesnews.com/201703136004/commentary/editorial-a-tart-ruling