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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If you have been unfortunate enough to have been involved in a major accident or have developed a serious illness that has forced you to stop work, ensure you can still cover yours and your family’s living costs by making a claim for financial assistance. This can either come from the Ontario government, or from any relevant long-term disability income insurance policies you or your employer may have in place.
http://contelawyers.ca/beginne
[6] On his motion, the Plaintiff relies on publicly available materials including those which would be characterized as “legislative facts”. Plaintiff’s counsel was candid that the position he advances is also the position of “the plaintiff bar”; namely, that unless civil juries are told about the legislated deductible (of approximately $37,000) under the Insurance Act, they will not know that any award of general damages, in an amount less than that, will result in no collectible judgment for a plaintiff.
[7] The motion is dismissed. This Court has no jurisdiction to entertain the motion as framed.
No major changes are expected to Ontario auto insurance law before next year’s election, even though 35 recommendations were released more than seven months ago in a review commissioned by Finance Minister Charles Sousa.
https://www.canadianunderwrite
Including this with the news though some might find it upsetting to listen to. It’s interesting to hear how a former insurance IME psychologist speaks about ‘perceived injustice’ and the car accident victims that were sent to him by Ontario insurance companies.
MONTREAL — McGill University law professor Daniel Weinstock says he heartily recommends his students take up criminal law in order to take advantage of the country’s new, strict cannabis laws.
HAMILTON — Former security guard Tim Button considers how a sudden increase in his income from an unusual social experiment has changed his life in this Canadian industrial city along the shore of Lake Ontario.
[12] The principles of law applicable in the assessment of CFAs in the case of a minor are well settled. They are set out, most recently, by McKelvey, J. in Mounce v. Rae, 2017 ONSC 2288 (CanLII), and Daley, R.S.J. in Karwal v. Karwal, 2017 ONSC 5485 (CanLII), and are:
1. while CFAs increase access to justice, they are not a carte blanche to permit lawyers to charge what the agreement states. Fairness and reasonableness must be considered (St. Jean v. Armstrong, 2015 ONSC 13 (CanLII), aff’d 2017 ONCA 145 (CanLII));
2. the CFA must be assessed both in terms of reasonableness and fairness. The fairness of the CFA is to be assessed as of the date of the agreement. The reasonableness of the CFA is to be assessed at the date of the hearing or settlement. A CFA can only be declared void if the court determines that it is either unfair or unreasonable. (Hendricks-Hunter v. 814888 Ont. Inc., 2012 ONCA 496 (CanLII), [2012] O.J. No. 3207 (C.A.);
3. the fairness of a CFA is concerned with the circumstances surrounding the making of the agreement and whether the client fully understood and appreciated the nature of the agreement (Raphel Partners v. Lam, 2002 CanLII 45078 (ON CA), [2002] O.J. No. 3605 (C.A.));
4. a solicitor seeking to collect fees under a CFA with a party under disability must comply with section 5 (1) of Ontario Regulation 195/04 under the Solicitors Act which provides that the solicitor shall either apply to a judge for approval of the CFA before it is finalized or include the agreement as part of the motion or application for approval of a settlement under Rule 7.08;
5. when assessing the reasonableness of fees charged by the solicitor, the court should consider a number of factors including the time expended by the semester, the legal and factual complexity of the matter, the results achieved, and the risk assumed by the solicitor (Raphel Partners, supra); and
6. if the CFA violates Section 28.1(8) of the Solicitors Act, or is not approved, the agreement is not enforceable (Hodge v. Neinstein, 2015 ONSC 7345 (CanLII), 2015 ONSC 7345 (Div. Ct.), although under appeal).
The term artificial intelligence was first coined by a math professor in the United States in 1955 and initially developed as an academic discipline. In recent years, rapid technological changes have led to major developments in the field and “machine learning systems” are likey to have impacts across the board, including the legal profession.