• 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
  • FAIR – supporting auto accident victims through advocacy and education

Latest News Articles

June 24, 2020

FSRA Encourages Ontario’s Auto Insurers to Explore Further Relief Measures as COVID-19 Continues to Impact Consumers

  The Financial Services Regulatory Authority (FSRA) today announced that Ontario auto insurers reported that Ontario consumers are receiving $685M in total premium relief in the form of premium deferrals, rebates, refunds, rate reductions and other means during the COVID-19 emergency 

Statutory Accident Benefits for Car Accident Victims in a COVID-19 World

In the new norm of COVID-19, insurance companies need to be more flexible than ever in how they communicate with their customers. They also need to allow virtual care or treatment when it is a reasonable alternative for their insureds 

Canada should abolish the civil jury service

Canada’s already beleaguered court system has suffered from delays and a lack of modernization for decades, but now with the new constraints imposed by coronavirus restrictions, the courts are facing an even greater obstacle. Civil juries are ill-equipped to weather social distancing, and should no longer be maintained as part of the Canadian court system. 

Obtaining the Name of the Person who Doored You

In the past, the Toronto Police Services Board refused to release the identities of drivers who door cyclists by stating that it is considered an “incident” as opposed to a reportable motor vehicle accident and by relying on the personal information exemption under the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990. 

Toronto cop part of organized crime group involved in vicious tow truck wars, chief says

A corrupt Toronto police officer was part of a criminal organization that used stolen encrypted police radios to unfairly profit in southern Ontario’s lucrative and dangerous tow truck wars, police said Monday. 

COVID-19 Raises Profile of Virtual Care

Starting in late February, Sunnybrook doctors saw the COVID-19 patients through video conferencing. The appointments covered care strategies and offered peace of mind. Sunnybrook also sent the patients mini oxygen saturation monitors for home use. 

What we can learn from chronic pain narratives

Percolating through the rich fabric of life among one in five Canadians today is a silent epidemic capable of bringing lives to a screeching halt. Even if patients can miraculously endure the long wait-list times to see a physician, they are often met with a disappointing lack of symptom relief. In the meantime, 6 million Canadians grapple with the wrath of chronic pain tearing their lives apart, with more than half suffering from depression and nearly 35 per cent contemplating suicide. 
Stay safe, Stay healthy
As the days lengthen, grow warmer and we are drawn more outside, I can’t help but to continue to celebrate the beginning of the season that welcomes longer days and excessive sunshine. COVID is having a profound impact on all of us especially crash survivors that are recovering as medical treatments have been put on hold as well as our social interaction. The last few months have been extremely challenging for so many and connecting with crash survivors is crucial more than ever.
Peter B. Cozzi Professional Corporation v. Szot, 2020 ONCA 397 (CanLII), <http://canlii.ca/t/j89x1  
[52]      The principles governing the granting of a charging order under s. 34(1) were summarized by this court in Weenan v. Biadi, 2018 ONCA 288, 141 O.R. (3d) 276, at paras. 14-15:

•        To obtain a charging order on the monies in issue, the onus is on the solicitor to demonstrate that a charging order is warranted;

•        The decision is discretionary. In deciding whether to exercise that discretion, the court must “balance the circumstances and equities of each case and client”; and

•        To obtain a charging order, the solicitor must demonstrate that:

                             i.        the fund or property is in existence at the time the order is granted;

                           ii.        the property was “recovered or preserved” through the instrumentality of the solicitor; and

                           iii.        there must be some evidence that the client cannot or will not pay the lawyer’s fees.

[53]      The appellant asserts that the motion judge erred in concluding that the appellant had not established that his work was instrumental to the recovery or preservation of the property. Repeating the argument he made before the application judge, he contends that he arranged for the ATE Policy and performed the work on Mr. Nguyen’s civil action that led to payment of the policy proceeds.

[54]      The application judge rejected these arguments. She found that the appellant “simply sold Mr. Nguyen the ATE Policy” as an insurance intermediary. She agreed with the submission of the PGT that the appellant “should not be rewarded for brokering a contract between Mr. Nguyen and DAS when he knew that Mr. Nguyen had a litigation guardian and was incapable of entering into the contract.” She also found that the ATE Policy proceeds were not the “fruits of the litigation” because “Mr. Nguyen recovered nothing in the litigation and is more indebted after the litigation than before it. Since no property was recovered or preserved in the proceeding, there can be no charging order.”

[55]      We see no error in the application judge’s findings or in her exercise of discretion based on the evidence before her.

[56]      We also agree with the submission of the PGT in its factum that “the facts of this case are nothing less than shocking”, and that it would offend the principles of fairness and justice to reward the appellant, through the payment of fees and disbursements, for entering into the CFA with Mr. Nguyen, brokering an insurance contract between him and DAS, and having Mr. Nguyen sign a direction to him, when he knew that Mr. Nguyen was incapable of making these decisions and had a litigation guardian from whom the appellant was supposed to take instructions.

D.           DISPOSITION

[57]      The appeals are dismissed. The appellant is ordered to pay costs of $20,000 to the respondent Mr. Szot and $11,000 to the PGT, inclusive of disbursements and taxes.

Comments are closed.