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Eventually the government is going to have to step in and protect accident victims from the worst elements of the legal profession.
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While we continue to push for a contingency fee cap, it is helpful to be informed about all the ways one can access legal assistance and representation.
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That money was supposed to help me recover from a life-threatening accident. Instead, my lawyer found a way to take half of the money I was awarded.
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If family members are unhappy with your choice of attorney or the choices being made by your attorney, they may challenge the validity of the power of attorney document or make it difficult for your attorney to do their job.
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When I read that the Law Society of Upper Canada (LSUC) and the Ontario Trial Lawyers Association (OTLA) came out in favour of a cap on referral fees this week, I was very surprised. Referral fees are...
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Recently, perhaps as a response to MPP Mike Colle's private member's bill, some in the media have taken to defending personal injury lawyers and legal contingency fees. I have to wonder if any of these people has ever been injured in a car accident or had to enlist the services of a personal injury lawyer.
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Contingency fees have made it easier for trial lawyers to overcharge unsuspecting clients. This will continue to happen unless there is a cap on contingency fees. How many more Ontarians have to be overcharged thousands of dollars before the law society takes this issue seriously and makes a change?
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Every year in Ontario, without warning and through no fault of their own, thousands of people are severely injured in car accidents. It could happen to you, because it happened to us. We come from different backgrounds, different parts of the province, and have lived very different lives; we never met until this year.
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September 20. It was an ordinary Tuesday, at least it started out that way. The sun was shining, I worked on a writing assignment in the morning and then I went shopping for a birthday gift. I returne...
I understand that people feel like they need to pick the lesser of the evils in deciding who to vote for; we have all faced a vote like that a time or two in our voting lives. While I am not staunchly pro-Hillary, I have a serious problem with one of the current anti-Hillary arguments that are making the rounds.
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Members of the international community have issued a joint letter to the UAE President Sheikh Khalifa bin Zayed Al Nahyan Calling for the Release of Salim Alaradi, Kamal and Mohamed Eldarat. Sheikh K...
According to a recent study, fully one-third of Canadians will experience a legal problem within any given three-year period. This includes divorcing parents needing child support, small business owners trying to make a living, homeowners facing unscrupulous contractors, hard-working Canadians in conflict with their employers.
The criminal trial is concerned with determining whether a trier of fact (either a judge or jury) can be satisfied beyond a reasonable doubt of an accused's guilt as charged. The beyond a reasonable doubt standard is intended to avoid wrongful convictions and is related to the fundamental tenet of the criminal justice system: the presumption of innocence. The defence is required to do nothing. It is not required to call any evidence whatsoever. The burden remains on the Crown to prove guilt beyond a reasonable doubt. However, a prudent defence lawyer would do all that was within his/her power raise a reasonable doubt.
Have you ever wondered what steps are involved when you initiate a lawsuit? It's easy to picture a case going to trial before a judge or jury but before a trial can take place, there are many steps that need to be undertaken before a matter can proceed through the court system.
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I went to law school to equip myself with the tools to make a difference in the world -- something that many of us want for our lives. Some people do it through teaching, others by volunteering, and others by the way they run their businesses. I do it through practicing law.
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Over the past decade or so, the landscape of new lawyers, at least in Ontario, has dramatically changed. Today, based on at least anecdotal evidence, a sizeable portion of new lawyers obtain their law degrees from a foreign university with far lower admission and graduation academic standards than those required by Canadian universities.
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Rather than free us from the drudgery of work, technology has made us slaves to our phones and laptops. It has taken the entry of the most technologically savvy generation in history to realize that fact and, hopefully, to change it.
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But to me, eschewing assumptions has been a way of life. For example, to this day, while driving, I never, ever cruise breezily through a green light. Instead, I follow a lesson I have passed onto both of my sons: "Just because the other guy has the red light, don't assume he's stopping at it."
The CCF assisted a taxpayer named Irvin Leroux in getting a decision from the B.C. Supreme Court, holding that Canada Revenue Agency (CRA) owed him a duty of care and breached its duty towards him. This was a precedent-setting ruling: never before had the CRA been told by any court that it had a duty towards individual taxpayers to treat them with care, and not to be negligent towards them.
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At various times, Rob Ford has revealed an alarming capacity for lack of candour and an inability to listen to the advice of those closest to him. There is no indication that these sorts of behaviours would be any different with a lawyer. I would not take Mayor Ford on as a client. But then again, he is unlikely to ask me.
I was concerned about Kate and I met with her in person. When she told me what was going on at her firm, it became clear that there was an element of sexual discrimination or harassment. Articling students facing such harassment have few choices. They could make a complaint to the Law Society, file a complaint under the firm's internal workplace harassment policy (assuming it exists), consult an employment lawyer or perhaps bring a human rights complaint. The power dynamics of articling make such options not particularly appealing to most students. So most would stick it out.
Canadian news is mired in ethical debates these days, from questions over government officials' rising salaries, to charity speaking fees, travel expenses, and even substance abuse. What's the common...
Why didn't the mayor issue his denial sooner? He had never demonstrated any reluctance to defiantly challenge his accusers in the past. The mayor is a pitbull, not a puppy. At his press conference, Rob Ford revealed the reason for his silence: ''For the past week, on the advice of my solicitors, I was advised not to say a word.''
When a person is an executor of another's estate, it is a lot of hard work. The task often puts the individual in an unpleasant position of conflict. In order to remunerate these individuals for the risks and efforts that they have undertaken, attorneys, executors and trustees may claim compensation for their work out of the assets which they administer.
Estate litigation can be costly, both financially and emotionally. Thankfully, there is another avenue besides the courtroom that can serve to reduce both types of stress: alternative dispute resolution. Alternative dispute resolution mechanisms allow for disputes to be dealt with outside of the courtroom and are often an attractive means for litigants wishing to push toward settlement.
Approximately one half of Canadians do not have a will. For those who do, many are in need of an update. While preparing a will is not a priority for many of us, the reality is that nobody lives forever. The need for valid, well-prepared wills has never been more pressing.
Even carefully drawn wills can become the subject of disputes and litigation. Having a poorly drafted will, or no will at all, increases those odds exponentially. Despite this, over 50 per cent of Canadians do not have their testamentary wishes written down in the form of a will.
LexisNexis and Microsoft have teamed up to offer a new solution called Quicklaw for Microsoft Office. They say it is designed to simplify legal research and ultimately save time for lawyers. I took it for a test drive to see if it's all they say it is.
Nasrin Sotoudeh, an award-winning lawyer held unlawfully in Evin Prison since 2010, is on her third day of hunger strike. To show their solidarity with this incredible woman, human rights and online activists have organized a "Tweet Storm" for Friday. The online event is an urgent call to take action for her release.
Bowing to pressure from politicians and judges, we have encouraged people to be their own lawyer. Programs and clinics have been set up to assist the "self-rep." Our courts are now flooded with these would-be Perry Masons! The problems this has caused the judicial system are endless.
It should come as no surprise to anyone that many Canadians cannot afford a lawyer. In fact, lawyers often joke that if they had to pay a lawyer, they too couldn't afford it. Nowhere is this dilemma more obvious than in family courts.
At very least, I suspect Google+ will emerge as a central social media hub for lawyers and businesses. Its video conferencing capability is certainly going to be extremely tempting. The virtual courtroom, for example, could be much closer to reality than we think.