Proposed Court Reforms Benefit Rich Insurers at the Expense of Average Litigants in Ontario
In a perfect world, the Courtroom presents a level playing field. There are rules which are meant to be followed. There is a neutral unbiased judge who acts as trier of fact; decides right from wrong; just from unjust.
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Insurer pushing for new auto fraud laws
A major insurer is calling for new laws prohibiting various forms of auto insurance fraud in Ontario.
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Time to increase auto liability coverage: Lawyer
Ontario’s new government should require motorists to buy more liability coverage than is currently mandatory, a lawyer who represents claimants says.
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The Surprising and Powerful Way Your Posture Affects Your Mood
Shoulders back. Head up. Look forward. These instructions, which I’m sure you heard more than once from some well-meaning adult when you were a kid, are wise for several reasons – which they probably didn’t even know at the time. As it turns out, paying attention to your posture can make a big difference in your mood.
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[1] Persons injured in Ontario motor vehicle accidents, who seek compensation for their injuries face a daunting challenge. They will need skilled legal counsel to properly advance their claims, while generally not having sufficient funds to pay their lawyer.
[2] We are fortunate that some counsel are willing to wait for their compensation until the case is resolved and moreover are willing to risk a lack of success at trial, by advising clients with phrases such as, “we don’t get paid until you get paid”.
[3] This is such a case, except the client got paid over one million dollars in early 2010 and their original counsel has yet to receive any payment for the plaintiff firm’s professional services. I therefore turn to a partial history of this matter with a view to assessing how this case differs from “the peaceful and orderly resolution of disputes we strive to achieve.”
[
77] I am not satisfied that the position of the Mahoney defendants will “appear” to be independently defended in
their best interests, if their present counsel relationship continues.
[
78] I am therefore directing that Falconeri Munro TucciLLP be removed as counsel for the defendants Wayde Mahoney, Kevin Mahoney and Carol Mahoney.
[
79] This may present practical consequences, but inasmuch as they have received the lion’s share of the proceeds from the original negligence action, I am satisfied that they will be in a position to seek new independent counsel
[
80] Clearly portions of the evidence put before me suggest that there is at least a possibility that one or more of the Mahoneys may be in a position to seek indemnification, if that is seen to be appropriate. . I anticipate that such new representation may well be able to negotiate a basis for their removal from this action.
[
81] One of the difficulties to be faced in a case such as is that there is no specific applicable rule dealing with the filing obligations when counsel is removed over their objection.
[
82] I am therefore suggesting, relying upon Rule1.04 (2) that the parties adapt Rule 15.03 and 15.04 (8)
mutatis mutandis to advise the court and parties as matters of future representation are clarified.
[
83] As to costs I have determined to award costs to the moving party for the entire motion including the presently determined element, as against the defendants on a partial indemnity basis. Given the proximity of the trial in this case I have determined to defer to the trial judge with respect to a quantum which may combined or set off against any future costs awards.
