The most widely read magazine for Canadian lawyers
Issue link: https://digital.canadianlawyermag.com/i/1172374
www.canadianlawyermag.com 45 IT'S YOUR CALL 1 866 685 3311 When your client suffers a serious injury and needs a referral, make the call. We will safeguard your reputation and get them the compensation they need. Refer r al fees paid in accordance with LSO guidelines. Proud member of the PIA Toronto I 1-866-685-3311 I www.mcleishorlando.com Consultation Offices in: Barrie I Hamilton I Kitchener I St. Catharines to resolution or to get to trial, it is going to take some big ideas," he says. Amelia Staunton, a partner at Dolden Wallace Folick LLP, says B.C. does not have the trial-delay problem felt in other provinces. Staunton's practice primarily focuses on complex personal injury actions for defendants. In B.C., there are no restrictions on trial scheduling, she says. "You can get a trial date right away if you want to," she says. "I really haven't had any issues with trial delays. I think we have overall a very reasonable system. Two years is a pretty reasonable time frame for trials, and we seem to get those dates relatively easily," she says. "I think Alberta is certainly an environment where you have much more significant delays and insurers are far, far more frustrated about Alberta than they are B.C." There is a misconception that insurance companies do not mind long trial delays, that they have deep pockets and cross their fingers the plaintiff ends up dying before they see a judge, says Tushinski. "From the insurance perspective, a closed file is a good file," he says. "There's no great interest in keeping files open. But if they keep them open, costs escalate, lawyers' fees continue to carry on." The longer the wait, the more likely the witnesses' memories fade or they move and can't be found, he says. Hoover says it can be the plaintiff side, rather that hers, that has an interest in extending the pretrial time period. "Because they' ve got their experts assessing damages, assessing ongoing prognosis, they're trying to build their case. To say that the defence insurance defence, lawyers or our clients wouldn't care is the exact opposite," Hoover says. "Time is not on the side of justice," Tushinski says. LITIGATION LOANS Many injured people awaiting trial take out litigation loans to pay costs associated with their injury. Troy Lehman, a partner at Oatley Vigmond Personal Injury Lawyers LLP, says he cautions his clients against using these loans because of their high interest rates. "Some people have no choice," Lehman says.