Canadian Lawyer

October 2019

The most widely read magazine for Canadian lawyers

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LEGAL REPORT 42 www.canadianlawyermag.com severity over his 18 years at the bar. "It used to be very easy for us, in Barrie. We could get a case on a list very easily, but it's become much, much more challenging," says Lehman, a partner at Oatley Vigmond Personal Injury Lawyers LLP. On the insurance-defence side, Cecilia Hoover, a partner at Dolden Wallace Folick LLP in Calgary, says cases typically take three to five years to get to trial in Alberta. "The reality is if you get to trial in three years from the commencement of the claim, you're doing really quite well, to be honest." Part of the reason for delay is that the nature of personal injury litigation has changed, says Paul Tushinski, a partner at Dutton Brock LLP. Practising since 1985, Tushinski was managing partner for 16 years before 2018. In his 34 years at the bar, he's seen cases grow significantly in length due to the reports — economic loss reports, future-care reports and vocational reports, for example — becoming more numerous and extensive. "Reports became ping-pong," says the civil litigator from Toronto. "This report. That report. This report. That report. And then before you know it, the five-day case became five weeks." The defence side doesn't "necessarily need to match report for report," he says. "But if you're getting bombarded with reports from the plaintiff 's side, well, you better be ready." In both Alberta and Ontario, lawyers say the rules require many time-consuming steps before parties can even schedule a trial date. In Alberta, Hoover says, expert reports need to be done, parties need to have certification that they've tried alternative dispute resolution and parties need to also certify PERSONAL INJURY TRIAL WAIT TIMES ALBERTA 5 YEARS, AVERAGE says Cecilia Hoover, a partner at Dolden Wallace Folick LLP. B.C. 2 YEARS says Amelia Staunton, a partner at Dolden Wallace Folick LLP. What do your clients need? The means to move on. Guaranteed ™ . Baxter Structures customizes personal injury settlements into tax-free annuities that can help your clients be secure for life. Need more information? Contact us at 1 800 387 1686 or baxterstructures.com Kyla A. Baxter, CSSC president, baxter structures READERS ' CHOICE 2018-19 STRUCTURED SETTLEMENTS PERSONAL INJURY ONTARIO TORONTO: 6-7 YEARS says Ian Furlong, a partner at Thomson Rogers. SMALLER CENTRES: 4-5 YEARS says Ian Furlong, a partner at Thomson Rogers.

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