Generally speaking, in Ontario, we have a ‘loser pays legal fees system’. This means that the unsuccessful party in a lawsuit can expect to be ordered to pay at least part of the successful side’s legal costs.
personal injury Tag Archives
Bosnali v. Michaud, 2020 ONCA 7
A recent decision of the Ontario Court of Appeal on the issue of whether or not the Plaintiff’s lawyers were entitled to a “charging order” over the Plaintiff’s damages and costs following a trial where the Plaintiff did not beat a rule 49 offer from the Defendants.
Brophy v. Harrison, 2019 ONSC 4377
Throughout the course of the litigation, the Defendants did not make any offers to settle. There was not even an offer for a dismissal without costs.
The Connection Between Statutory Accident Benefits and Tort
Ontario motor vehicle accident legislation is a confusing area of personal injury law for many victims of a car accident. It is important for people to understand their available options for compensation through accident benefits and tort, and how these particular options interplay with each other.
Przyk v. Hamilton Retirement Group Ltd., 2019 ONSC 7498
Aviva denied costs after successful trial because of hardball approach.
Hedley v. Aviva Insurance Company of Canada, 2019 ONSC 5318
Insurers’ mere boilerplate reasons for denying treatment will no longer suffice in light of this Licence Appeal Tribunal (“LAT”) decision, which was upheld on appeal.