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Latest News Articles

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Could Judge Decide MVA Case on “Geometry Alone”?

In a recent Ontario case, the driver of the first car (the “First Driver”) was hit from behind by the driver of the second car (the “Second Driver”), who suffered injuries and sued for damages.  As the court explained, this permutation is somewhat uncommon:

http://www.vandykelaw.ca/2017/11/could-judge-decide-mva-case-on-geometry-alone/

Auto insurance rates rising as companies blame costs of accident claims

New Brunswick drivers can expect to see higher bills for car insurance beginning as early as next week, as insurance companies begin to respond more aggressively to escalating accident claims in the province.

http://www.cbc.ca/news/canada/new-brunswick/nb-auto-insurance-1.4399506

Law Society recommendations take aim at ‘You don’t pay unless we win’ cases

Ontario’s lawyers will have to become a lot more transparent when they take a case on contingency — you don’t pay unless we win — and a lot more straightforward in their communications with clients.

https://www.thestar.com/news/canada/2017/11/10/law-society-recommendations-take-aim-at-you-dont-pay-unless-we-win-cases.html

What is Tort Law? Part 2: Unintentional Torts

In part 1 of our 2-part series, we told you all about intentional torts. Now, we’re going to go over what you need to know about the other type of tort claim: unintentional torts.

Unintentional tort claims are the more common type of tort claim that we deal with as personal injury lawyers. That’s because accidents happen, and often these accidents are caused by someone’s negligence.

http://contelawyers.ca/canadian-tort-law-part-2-unintentional-torts/

Ontario court finds disability claim was time-barred

Ontario lawmakers should force insurers to notify claimants of the limitation period to challenge denials after the province’s appeal court ruled companies that fail to provide such a warning do not breach their duty of good faith to customers, according to a Kitchener, Ont. personal injury lawyer.

http://www.lawtimesnews.com/author/michael-mckiernan/ontario-court-finds-disability-claim-was-time-barred-14910/

Why the history of poverty keeps repeating itself: Cohn

Nearly 1 million Ontarians are on social assistance, but you wouldn’t know it from the lack of attention they get.

Yes, that’s an enormous number of people. No, it doesn’t translate into 1 million votes.

Low-income people tend toward lower election turnouts, poor children aren’t voters, and welfare families can’t afford campaign donations. But the bigger reason why poverty remains a low priority for politicians is the cost — political and fiscal.

https://www.thestar.com/news/queenspark/2017/11/10/why-the-history-of-poverty-keeps-repeating-itself-cohn.html

LSUC to consider changes to contingency fees

A cap on contingency fees is currently off the table for the Law Society of Upper Canada.

The provincial regulator released a number of proposed changes to contingency fee rules Friday morning in an attempt to make the fees more transparent, fair and reasonable, but a cap was not among the recommendations.

http://www.canadianlawyermag.com/legalfeeds/author/alex-robinson/lsuc-to-consider-changes-to-contingency-fees-14907/

SEVENTH REPORT OF THE ADVERTISING & FEE ARRANGMENTS ISSUES WORKING GROUP

INTRODUCTION: SEEKING ACCESS TO JUSTICE, FAIRNESS AND REASONABLENESS
1. In this seventh report to Convocation, the Advertising and Fee Arrangements Issues Working Group (“Working Group”)1 reports its recommendations to date to enhance the operation of contingency fees in Ontario.

Personal Injury Payment Structures: Why You Benefit from a Contingency Fee

With a contingency fee structure, you don’t pay anything unless you recover compensation for your damages. Our fee will consist of a percentage of your settlement. In addition, we lay out all legal costs throughout the case, allowing you to put your financial resources to medical bills and rehabilitation.

http://www.findlaylaw.ca/blog/personal-injury-payment-structures-why-you-benefit-from-a-contingency-fee

Strategies for Proving that Chronic Pain is Physical

Chronic pain cases are among the toughest assignments facing plaintiff’s personal injury counsel. I hope that the strategies which follow will help you obtain justice for the victims of chronic pain. These victims will need all the courage, energy and forensic skill you can muster if they are to get the compensation they deserve.

https://oatleyvigmond.com/strategies-for-proving-that-chronic-pain-is-physical/