BARE BONES BRIEFS: LST says 5-year “inordinate delay” causes “no prejudice” to investigated lawyer; “Ashamed” of “greedy” Big Law, lawyer leaves profession; Critics pile on UK PM for his “lawyer brain”; Study: PEI first, Quebec 10th, Ontario 5th in use of PI lawyers; Alexi launches large-firm AI workflow solution
By Julius Melnitzer | February 22, 2024 CHAOS RULES IN LAW SOCIETY DISCIPLINE INVESTIGATIONS A recent Law Society Tribunal (LST) decision leads to the vexing conclusion that a five-year delay in investigating complaints against lawyers causes no prejudice to them. And combined with the ongoing brouhaha about a $400,000 pay raise for a senior executive, […]
A funny thing happened on the way to the morgue
By Marcel Strigberger | December 28, 2024 You only die twice. No, this is not a title for a James Bond movie. I’m talking about people being misdiagnosed as being dead when in fact they are still alive. Do they have legal recourse? Though not a common occurrence, such as lawyers getting sued (for different reasons), it is not […]
Yes, We Have No Insurance Coverage Today
By Marcel Strigberger | November 26, 2024 The following is an excerpt from Marcel Strigberger’s new book, First, Let’s Kill the Lawyer Jokes: An Attorney’s Irreverent Serious Look at the Legal Universe I detest life-insurance agents: they always argue that I shall someday die, which is not so – Stephen Butler Leacock As lawyers, many of us either fight […]
Recent costs award confirms court’s acknowledgement of risks, costs of prosecuting med mal cases
Ryan Marinacci of Bogoroch & Associates LLP By Julius Melnitzer | April 9, 2024 This article was created in partnership with Bogoroch & Associates The recent $3 million costs award following an $8.5 million judgment in Denman v. Radovanovic confirms Ontario Superior Court judges’ continuing acknowledgment of the risks and costs associated with prosecuting a medical malpractice case. […]
BARE BONES BRIEFS: OCA upholds $2.5 million award to human rights lawyer | Jeremy Diamond appeals from de facto suspension and $100,000 fine for professional misconduct | Are law firms paying ransomware? | Report: Lawyers are high on AI extinction list | Unaware council passes ChatGPT-drafted law |
By Julius Melnitzer | December 17, 2023 LAWYER’S CAREER-ENDING INJURY JUSTIFIES $2.5 MILLION AWARD: OCA The Ontario Court of Appeal has upheld a $2.5 million award to Geraldine Sanson, a “highly respected human rights lawyer” whose career ended when a car struck her as she was cycling home from work in 2012. The trial judge […]
Recent decisions ‘positive developments for plaintiffs’ says Bogoroch’s Alexandra Roman
Alexandra Roman, lawyer at Bogoroch & Associates LLP This article was produced in partnership with Bogoroch & Associates LLP By Julius Melnitzer | October 25, 2023 Three recent decisions from Ontario Superior Court judges sitting alone suggest a trend to higher awards for general damages in personal injury cases arising from motor vehicle accidents involving chronic […]
It’s time to re-think how to use the ‘but-for’ test
Richard Halpern of Gluckstein Lawyers discusses the proper use of the counterfactual question This article was produced in partnership with Gluckstein Lawyers By Julius Melnitzer | August 23, 2023 A veteran member of the plaintiff’s medical negligence bar says it’s time for change in how we think about causation in tort, by clarifying the traditional […]
Ontario Superior Court acknowledges the risks and obstacles facing the medical malpractice bar
Ryan Marinacci and Richard Bogoroch on what Hemmings v Peng means for access to justice By Julius Melnitzer | May 29, 2023 This article was produced in partnership with Bogoroch & Associates LLP The recent Ontario Superior Court decision in Hemmings v. Peng (2023 ONSC 66) awarding plaintiffs some $4.2 million in costs and disbursement lays […]
No need to distinguish between Catastrophic and non-CAT injuries, says Matt Sutton of Thomson Rogers
Process would be more equitable if claimants only had to prove necessity of treatment This article was produced by Canadian Lawyer in partnership with Thomson Rogers Lawyers By Julius Melnitzer | April 11, 2023 Ontario’s no-fault insurance scheme should do away with the distinction between catastrophic and non-CAT injuries, says Matt Sutton, a personal injury lawyer […]
How this personal injury lawyer dug deep for his client to overcome an obscure bureaucratic glitch
Andrew Rudder dug deep to change the law on catastrophic impairment By Julius Melnitzer | October 14, 2022 Andrew Rudder’s battle is a story about what fighting for your client really means. It’s tempting to say that Rudder of Rudder Law Professional Corporation, a personal injury boutique in Burlington, Ontario, is the story’s focal point. […]