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Motor vehicle cases largest area of litigation in courts
As the number of civil actions grows across Canada, motor vehicle cases remain the largest single area of litigation.Motor vehicle cases (motor tort actions concerning injury —personal or property —...
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Will negative discount rate boost litigation in 2013?
The Ontario government is raising eyebrows with its newly published discount rate for trials starting in 2013 that for the first time puts it at a negative number.For civil trials starting next year,...
View ArticleVancouver firm accused of ‘cherry picking’ actions wins appeal
If a law firm is retained in a case involving multiple actions, it is not obligated to represent the client in all of the actions in order to get paid for the work it performed, says the British...
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An expensive lesson
A Toronto lawyer says he has learned an expensive lesson about not taking clients’ words without a written direction after a judge ordered him to pay nearly $20,000 this week for accepting a settlement...
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Bertuzzi-Moore settlement lets NHL off the hook
Had Steve Moore’s civil lawsuit made it to the courts, its impact would have stretched far beyond money.It would have exposed a culture of violence and retribution within the National Hockey League...
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New auto insurance bill hurts drivers: OTLA
The Ontario Trial Lawyers Association is urging the provincial government to amend auto insurance legislation its claims will deny justice to accident victims.Bill 15, the “fighting fraud and reducing...
View ArticleLawyer alone authorized to make settlement offer: Divisional Court
A Toronto lawyer says he feels vindicated by a recent Divisional Court decision that overturned a two-year-old ruling against him over a settlement agreement. “I find that the motion judge erred in law...
View ArticleOntario judge raps lawyer over contingency fee agreement
A personal injury lawyer won’t be getting thousands of dollars in fees after a judge ruled an agreement reached with her clients was “not fair or reasonable.” The ruling in Edwards v. Camp Kennebec...
View ArticleLimitation period a poor defence for legal malpractice
Personal-injury lawyers who advise their clients to settle for amounts deemed improvidently low could face malpractice claims many years after the settlement. That’s the key takeaway from this week’s...
View ArticleAppeal court orders reassement of law firms' fees in personal injury case
An Ottawa man who battled two of his former law firms in court is celebrating the decision by the Ontario Court of Appeal to have his fee agreements with the firms reassessed. The ruling in Clatney v....
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